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WITAS v. CARLSON

201 Misc. 201 (1952)

Michael Witas et al., Plaintiffs, v. Peter Carlson et al., Defendants.

County Court, Nassau County.

February 13, 1952.

Attorney(s) appearing for the Case

Payne, Wood & Littlejohn for plaintiffs.

Herman J. Herbert, Jr., for Lewis & Valentine Nurseries, Inc., defendant.

Wood, Gehrig & Wilklow for Philip Wolsky, defendant.

James L. Dowsey, Jr., for Harold R. Roffmann, defendant.

Huntington, Chase & Hill for Lansdell Co., Inc., defendant.

Meyer J. Cantor for William R. Hearst, Jr., defendant.

Louis M. Wolf for Hans Schaller, defendant.

George S. Eaton for R. B. Hamilton Trucking Co., Inc., defendant.

Joseph L. Martin for Guy B. Atonna, defendant.

Goldman, Horowitz & Cherno for Indemnity Insurance Co. of North America, defendant.

Jacob J. Pincus for Charles Werther, doing business as Charles of Glen Cove, defendant.

Louis G. Hart, Jr., for Robert Anderson, defendant.

Nathaniel L. Goldstein, Attorney-General (Francis R. Curran, Samuel Stern and George Grau of counsel), for Industrial Commissioner of State of New York.

Harold L. Haskin for Gramatan National Bank and Trust Company of Bronxville, defendant.

Ben L. Salee for Tilo Roofing Co., Inc., defendant.

Cornelius J. Barry, Jr., as receiver of property and estate of Peter Carlson.

CHRIST, J.

This is a motion to confirm the report of a Referee appointed in a surplus money proceeding subsequent to a sale in foreclosure. Claims to the surplus of $1,960.89 are asserted by the Industrial Commissioner of the State of New York and a number of judgment creditors. The Gramatan National Bank and Trust Company, one of the judgment creditors, claims a priority by virtue of a judgment docketed on March...

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