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ERBA CORP. v. PAUL

25 Misc.2d 185 (1960)

Erba Corporation, Plaintiff, v. Swraj Paul et al., Individually and Doing Business as Amin Chand Payare Lal, Defendants. In the Matter of Erba Corporation, Judgment Creditor, v. Swraj Paul et al., Individually and Doing Business as Amin Chand Payare Lal, Judgment Debtors. Erba Corporation, Plaintiff, v. Irving Trust Company et al., Defendants.

Supreme Court, Special Term, New York County.

March 11, 1960.

Attorney(s) appearing for the Case

Hays, Sklar & Herzberg (Robert Wolf and Joseph S. Hellman of counsel), for plaintiff and judgment creditor.

Kissam & Halpin (James H. Halpin and Michael W. Graney of counsel), for Swraj Paul and another, judgment debtors appearing specially.

Winthrop Stimson Putnam & Roberts (Merrell E. Clark, Jr., Carroll S. Bayne, Jr., and Stephen A. Weiner of counsel), for Irving Trust Company, defendant.

MATTHEW M. LEVY, J.

Involved here are two actions and one proceeding supplementary to judgment. Four motions therein came before me. They were heard, and will be disposed of, together. The principal issue raised is whether the judgment is void. The operative facts are as follows:

In March, 1957, Erba Corporation contracted to sell to the Pauls, Indian nationals and residents, and the latter contracted...

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