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MATTER OF KALINSKY v. LOZADA

6 A.D.2d 660 (1958)

In the Matter of Sylvia Kalinsky, Appellant, v. Tony Lozada, Respondent. Loza Restaurant, Inc., by Its President, Tony Lozada, et al., Third-Party Respondents

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

November 25, 1958.

Attorney(s) appearing for the Case

Morton Fried for appellant.

Daniel M. Cohen of counsel (Paxton Blair and Barnett Levy with him on the brief; Louis J. Lefkowitz, Attorney-General), for State Liquor Authority, third-party respondent.

J. Christopher Meyer, Jr., of counsel (Charles T. Hall with him on the brief; Breed, Abbott & Morgan, attorneys), for Underwriters Trust Company, third-party respondent.

As to order of June 26, 1957: BOTEIN, P. J., RABIN, VALENTE, McNALLY and STEVENS, JJ., concur.

MEMORANDUM BY THE COURT.

The facts on which these three appeals are predicated are fully set forth in the opinion of McNALLY, J., concurring in part. On the appeal from the order denying the application to commit the third-party Loza Restaurant, Inc., by its officer and director Tony Lozada — as provided in a prior order adjudging them in contempt and fining them $250 — it appears that Lozada submitted an affidavit...

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