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TERRITORY WHOLESALE SUPPLY v. DEGUS

25 Misc.2d 70 (1960)

Territory Wholesale Supply, Inc., Plaintiff, v. Frank J. Degus, Defendant.

Supreme Court, Monroe County.

July 21, 1960.

Attorney(s) appearing for the Case

Simon Pogal for plaintiff. Laverne, Liebschutz, Pirrello & Prato (Mario J. Pirrello of counsel), for defendant.

CHARLES LAMBIASE, J.

Defendant has been ordered on application of plaintiff to show cause "why an execution against the person of the above named defendant, Frank J. Degus, should not be issued herein". (Order, dated April 20, 1960.)

The judgment herein provides, among other things, that funds in the hands of the defendant:

"[C]onstituted and are trust funds in the hands of the said defendant, Frank J. Degus, contractor, to be first applied...

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