MATTER OF SCHENFELD v. LAWLOR


281 A.D. 265 (1953)

In the Matter of Sol Schenfeld, Appellant, v. Catherine Lawlor et al., Respondents

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

February 24, 1953.


Attorney(s) appearing for the Case

Isidore Miller for appellant.

Caesar L. Pitassy of counsel (John B. Ball with him on the brief; Dwight, Royall, Harris, Koegel & Caskey, attorneys), for respondents.

VAN VOORHIS and BREITEL, JJ., concur with CALLAHAN, J.; PECK, P. J., dissents and votes to affirm in opinion in which DORE, J., concurs.


CALLAHAN, J.

The appellant, a judgment debtor, having been discharged in bankruptcy, moved at Special Term, pursuant to section 150 of the Debtor and Creditor Law of this State, to cancel of record two New York judgments, which had been duly scheduled against him in the bankruptcy proceedings. The respondents, the judgment creditors, opposed the motion on the ground that the judgments were for "willful and malicious...

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