Franklin Factors Corp. v. Louis H. Green Furs, Inc.

Appellate Terms of the Supreme Court of New York

Franklin Factors Corp. v. Louis H. Green Furs, Inc.

170 Misc. 229, 9 N.Y.S.2d 921, 1939 N.Y. Misc. LEXIS 1518

Appellate Terms of the Supreme Court of New York·Decided January 13, 1939·Published·Cited by 2 cases

Opinion

Per Curiam.

The motion to punish for contempt should have been denied without leave to renew, since the filing of a petition for reorganization under section 77B of the Bankruptcy Act (U. S. Code, tit. 11, § 207) could not be stayed by a State court and did not constitute a contempt of court. (Matter of Kepecs, 123 N. Y. Supp. 872.)

Order modified by striking out permission to renew, and, as modified, affirmed, with ten dollars costs to defendant, appellant, respondent.

All concur. Present — Hammer, Frankenthaler and Noonan, JJ.

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Per Curiam.

The motion to punish for contempt should have been denied without leave to renew, since the filing of a petition for reorganization under section 77B of the Bankruptcy Act (U. S. Code, tit. 11, § 207) could not be stayed by a State court and did not constitute a contempt of court. (Matter of Kepecs, 123 N. Y. Supp. 872.)

Order modified by striking out permission to renew, and, as modified, affirmed, with ten dollars costs to defendant, appellant, respondent.

All concur. Present — Hammer, Frankenthaler and Noonan, JJ.

Franklin Factors Corp. v. Louis H. Green Furs, Inc., 170 Misc. 229, 9 N.Y.S.2d 921, 1939 N.Y. Misc. LEXIS 1518 (N.Y. Ct. App. 1939).

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