Appellate Terms of the Supreme Court of New York, 1943

Leffand v. Fulton System, Inc.

Leffand v. Fulton System, Inc.
Appellate Terms of the Supreme Court of New York · Decided June 28, 1943 · Hammer
180 Misc. 1042; 46 N.Y.S.2d 152

Counsel

Louis I. Fabricant for appellant., Raphael E. Rhodes for respondent.

Leffand v. Fulton System, Inc.

Opinion of the Court

Order so far as appealed from affirmed, with ten dollars costs. No opinion.

Shientag and Hecht, JJ., concur; Hammeb, J., dissents, in memorandum.

Dissenting Opinion

Hammer, J. (dissenting).

I dissent and vote for reversal and that the plaintiff-appellant’s motion be granted. It seems to me the only logical inference drawable from the evidence is that the law firm participated in the contempt in that they, attor *1043neys of record for defendant, through one of their attorneys, obtained stay of execution, and through another of their attorneys drew and filed the defendant’s petition in bankruptcy during the stay period.

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