COHN v. BROAD CHANNEL REST., INC.


14 A.D.2d 775 (1961)

Milton Cohn, Appellant, v. Broad Channel Restaurant, Inc., Respondent

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

October 2, 1961


Order reversed, with $10 costs and disbursements, and plaintiff's motion for a preference granted.

In our opinion, the plaintiff made out a prima facie case for a rule 9 preference. Defendant failed to oppose the motion in the court below. But even if it had, we believe that under the circumstances here the preference should have...

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