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MATTER OF PIVOT PUNCH & DIE CORP.

9 A.D.2d 861 (1959)

In the Matter of Pivot Punch & Die Corporation. Robert H. King et al., Appellants; John F. Kopczynski, Respondent

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

November 11, 1959

Order modified to the extent of directing that the hearing be before the court and not a referee, and as modified affirmed, with $50 costs and disbursements to the respondent.

Memorandum:

Recognizing, as we do, the principles enunciated in the Matter of Radom & Neidorff (307 N.Y. 1) we find in this record sufficient conflicting averments in the lengthy affidavits and voluminous documentary evidence to sustain the...

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