MATTER OF SECOND AVE. ROUMANIAN KRETCHMA, INC.


285 A.D. 877 (1955)

In the Matter of Second Avenue Roumanian Kretchma, Inc. Mildred Nemeth, as Administratrix of The Estate of Samuel Lupowitz, Deceased, Respondent; Louis Anzelowitz, Appellant

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

February 15, 1955.


The appointment of a receiver in this matter was improvident and there is no need for a reference (see Matter of 3260 Perry Ave. Realty Corp. [De Burr], 285 App. Div. 71). It would seem that the dispute between the parties relates mainly if not entirely to the price at which respondent should acquire petitioner's interest in the business. The agreement between them contemplated how this price should be determined. It would seem that by pursuing the mechanics contemplated...

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