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MATTER OF UNION HILL CASH & CARRY LUMBER CO., INC. v. LESCO

21 A.D.2d 738 (1964)

In the Matter of Union Hill Cash & Carry Lumber Co., Inc., Respondent, v. Peter P. Lesco, Doing Business as P-L Construction Co., Appellant

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

May 14, 1964

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs, without prejudice to the right to renew upon a proper showing that bankruptcy court has granted petitioner leave to pursue its remedy under the Lien Law in a State court.

Memorandum:

Under the circumstances of this case no proceedings should have been taken in the State court without permission of the bankruptcy court. (Thompson v. Magnolia Co.

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