Ercolani v. Sam & Al Realty Co., 17 N.Y.2d 299 (1966)

Commercial Litigation – Appellate Practice – Foreclosure – Surplus Monies for General Creditors

Representing a creditor, Stephen Davis successfully persuaded the Court of Appeals to reverse a decision of the Appellate Division, Second Department. Upon reversal, the lower court was compelled to recognize the right of general creditors to intervene in opposition to a referee’s report of sale, in order to restore what should have been surplus moneys from which the creditors’ claims could then be paid.