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CHRAIME v. CATTAN

16 Misc.2d 531 (1959)

Chabetaye Chraime, Plaintiff, v. Ezra Cattan et al., Defendants.

Supreme Court, Special Term, New York County.

February 5, 1959.

Attorney(s) appearing for the Case

Begun Brothers for defendants.

Samuel Hochstein for plaintiff.

JOSEPH A. GAVAGAN, J.

Defendants move pursuant to rule 107 of the Rules of Civil Practice for dismissal of the complaint upon the ground that the plaintiff lacks capacity to sue in that the cause of action is vested in the trustee in bankruptcy. The action is in equity to annul a usurious transaction and to secure the benefits of section 377 of the General Business Law. Plaintiff contends that the trustee in...

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