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MATTER OF CAPITOL DISTRS. CORP. v. 2131 EIGHTH AVE.

285 A.D. 541 (1955)

In the Matter of Capitol Distributors Corp., Judgment-Creditor-Respondent, v. 2131 Eighth Avenue, Inc., Judgment Debtor. Manufacturers Trust Company, Judgment-Creditor-Appellant

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

March 16, 1955.

Attorney(s) appearing for the Case

Charles J. Colgan and Donald F. Malin, Jr., for appellant.

Harvey M. Lifset for respondent.

FOSTER, P. J., COON and IMRIE, JJ., concur in Per Curiam opinion; BERGAN and ZELLER, JJ., dissent and vote to affirm in a memorandum.

Per Curiam.

This is an appeal from an order of the Albany County Court directing the Comptroller of the State of New York to pay to Capitol Distributors Corp., judgment creditor, $545.08 now held by said Comptroller. That sum is the present balance of $1,200 paid to the State Liquor Authority by 2131 Eighth Avenue, Inc., the judgment debtor, when it made application for a liquor license. The order also denied a cross...

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