Hyperlawhypertext legal databasebeta Franklin Factors Corp. v. Louis H. Green Furs, Inc. 170 Misc. 229

← Cases

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

170 Misc. 229 Court Supreme Court, Appellate Term, First Department, Decision date 1939-01-13 English

Contents

Majority

p. 229
Franklin Factors Corporation, Respondent, Appellant, v. Louis H. Green Furs, Inc., Appellant, Respondent.
Supreme Court, Appellate Term, First Department,
January 13, 1939.
p. 230
Nachamie & Benjamin [H. Stuart Klopper of counsel], for the appellant, respondent.
Samuel Gutterman, for the respondent, appellant.

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.