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LAZAR v. TOWNE HOUSE REST. CORP.

5 A.D.2d 794 (1958)

Harry Lazar, on Behalf of Himself and of All Other Creditors, Appellant, v. Towne House Restaurant Corp. et al., Respondents, et al., Defendants

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

January 27, 1958

Judgment insofar as appealed from affirmed, with costs.

On the limited record presented on this appeal, we are unable to determine that it was error to award appellant a judgment in his individual capacity only, or that the counsel fee awarded is inadequate.

Beldock, J., dissents and votes to modify the judgment so as to make it interlocutory and to remit the action to the Special Term for the purpose of permitting other creditors to prove their...

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