MATTER OF ETTINGER v. CLAYTON, JR.


282 A.D. 876 (1953)

In the Matter of Henry Ettinger, as Assignee of Arthur A. Ballantine, Trustee, Respondent, v. George H. Clayton, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1953.


Order reversed, without costs, and matter remitted to Special Term for determination, after a hearing before the court or a referee, as the court may be advised.

Appellant's affidavit stated that he was newly employed by a named corporation in a stated capacity at a salary of $40 a week. In opposition, nothing was presented to show that he or his relatives or his wife's relatives, or some friend owned or controlled such corporation...

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