Victor v. Lyon Associates, Inc. v. Hanover Insurance Company of New York
| Decision Date | 29 December 1967 |
| Citation | 21 N.Y.2d 695,234 N.E.2d 459,287 N.Y.S.2d 424 |
| Parties | , 234 N.E.2d 459 Carl S. VICTOR, Respondent, v. LYON ASSOCIATES, INC., et al., Defendants, Hanover Insurance Company of New York, Appellant. In the Matter of Carl S. VICTOR, Respondent, v. HANOVER INSURANCE COMPANY OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 672, 282 N.Y.S.2d 656.
Gair & Gair, New York City (Herman Schmertz, New York City, of counsel), for plaintiff-petitioner-respondent.
Doman, Dunn & Zuckerman, New York City (Leon H. Doman, and Morton Zuckerman, New York City, of counsel), for amicus curiae.
Watters & Donovan, New York City (James B. Donovan, John P. Walsh, and George M. Mulligan, New York City, of counsel), for American Insurance Association, amicus curiae.
Action was brought in New York by plaintiff, who was a resident of New York, for injuries sustained in collision with truck of corporate defendant, which was not a resident of New York, and which was operated by individual defendant, who was not a resident of New York. The collision occurred outside New York.
A special proceeding was brought against New York insurer in New York to compel the insurer to pay to sheriff the proceeds of an automobile liability policy levied on pursuance to warrant of attachment.
The Supreme Court, Special Term, New York County, entered an order granting the petition to the extent of continuing the levy on the policy until ten days after entry of judgment in the action, and the insurer appealed.
The Appellate Division entered an order on June 27, 1967 unanimously affirming the order of the Special Term, and certified the question: 'Was the order of the Special Term, entered December 9, 1966 and affirmed by order of this Court entered June 27, 1967, properly made?'
The insurer appealed to the Court of Appeals by permission of the Appellate Division.
In Victor v. Lyon Associates, Inc.: Order affirmed, with costs, upon the opinion of Chief Judge Fuld in Simpson v. Loehmann, 21 N.Y.2d 305, 287 N.Y.S.2d 633, 234 N.E.2d 669, decided herewith. Question certified answered in the affirmative.
All concur, KEATING and BREITEL, JJ., on the grounds stated in their respective concurring opinions in Simpson v. Loehmann, and BERGAN, J., on the grounds stated in the concurring opinion by BREITEL J., in Simpson v. Loehmann, except BURKE and SCILEPPI, JJ., who dissent and vote to reverse on the grounds stated in...
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...669, 671.) The United States Supreme Court has at least twice declined to review this proposition. (Victor v. Lyon Associates, Inc. (1967) 21 N.Y.2d 695, 287 N.Y.S.2d 424, 234 N.E.2d 459, appeal dismissed for want of a substantial federal question (1968) 392 U.S. 8, 89 S.Ct. 44, 21 L.Ed.2d ......
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...has had opportunities to find the Seider procedure unconstitutional and has denied to take certiorari. Victor v. Lyon Assoc. Inc., 21 N.Y.2d 695, 287 N.Y.S.2d 424, 234 N.E.2d 459 appeal dismissed for want of a substantial federal question, sub nom. Hanover Ins. Co. v. Victor, 393 U.S. 7, 89......
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