Union Hill Cash & Carry Lumber Co. v. Lesco

Appellate Division of the Supreme Court of New York

Union Hill Cash & Carry Lumber Co. v. Lesco

21 A.D.2d 738, 249 N.Y.S.2d 1011, 1964 N.Y. App. Div. LEXIS 3819

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1964

StatusPublished

Cited by1 cases

This text of 21 A.D.2d 738 (Union Hill Cash & Carry Lumber Co. v. Lesco) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Hill Cash & Carry Lumber Co. v. Lesco, 21 A.D.2d 738, 249 N.Y.S.2d 1011, 1964 N.Y. App. Div. LEXIS 3819 (N.Y. Ct. App. 1964).

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Opinion

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs, without prejudice to the right to renew upon a proper showing that bankruptcy court has granted petitioner leave to pursue its remedy under the Lien Law in a State court. Memorandum: Under the circumstances of this ease no proceedings should have been taken in the State court without permission of the bankruptcy court. (Thompson v. Magnolia Co., 309 U. S. 478, 483; 1 Collier, Bankruptcy [14th ed.], § 2.07.) (Appeal from an order of Monroe Special Term granting petitioner’s motion directing respondent to furnish a verified statement pursuant to section 76 of the Lien Law.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.

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Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs, without prejudice to the right to renew upon a proper showing that bankruptcy court has granted petitioner leave to pursue its remedy under the Lien Law in a State court. Memorandum: Under the circumstances of this ease no proceedings should have been taken in the State court without permission of the bankruptcy court. (Thompson v. Magnolia Co., 309 U. S. 478, 483; 1 Collier, Bankruptcy [14th ed.], § 2.07.) (Appeal from an order of Monroe Special Term granting petitioner’s motion directing respondent to furnish a verified statement pursuant to section 76 of the Lien Law.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.

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Bluebook (online)

21 A.D.2d 738, 249 N.Y.S.2d 1011, 1964 N.Y. App. Div. LEXIS 3819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-hill-cash-carry-lumber-co-v-lesco-nyappdiv-1964.

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