MATTER OF ATLAS ADVERTISING AGENCY v. CASA CUBANA

There is no dispute as to the facts. Upon a motion under section 796 of the Civil Practice Act the court determined the question of law and held that the lien of the defendant Atlas Advertising Agency, Inc., judgment creditor-respondent, was superior in equity to that of Palmer, claimant-assignee-appellant. The justice presiding at Special Term held upon the authority of Zartman v. First National Bank ( 189 N.Y. 267) and Titusville Iron Co. v. City of New York (207 id. 203) that an equitable assignment of moneys due from a liquor license refund executed before the fund came into existence is subordinate to the lien of creditors serving third-party subpoenas upon the Comptroller after the surrender of the license and the creation of the fund. (See, also, Alchar Realty Corp. v. Meredith Restaurant, Inc., 256 App. Div. 853; Schaefer Brewing Co. v. Amsterdam Tavern, Inc., 171 Misc. 352; Alcoholic Beverage Control Law, § 127.) The order appealed from should be affirmed. Order unanimously affirmed, with ten dollars costs.