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STELL MFG. CORP. v. CENTURY IND.

23 A.D.2d 281 (1965)

Stell Manufacturing Corporation et al., Appellants, v. Century Industries, Inc., et al., Respondents

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

June 8, 1965.

Attorney(s) appearing for the Case

Morris B. Abram of counsel (Roger Goldburg and Richard K. Bernard with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellants.

Samuel Gottlieb of counsel (Emanuel Baetich, Bernard Beitel and Stephen A. Lefkowitz with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for respondents.

BOTEIN, P. J., BREITEL, STEVENS, EAGER and STEUER, JJ., concur.

Per Curiam.

This is an action brought pursuant to the New York Simplified Procedure for Court Determination of Disputes (CPLR 3031-3037). The underlying facts are as follows, Plaintiffs are dress manufacturers. Defendants are their factors. In 1958 plaintiffs got into financial difficulty and a creditors' committee took over their affairs. This committee retained Joseph S. Herbert & Co. (hereinafter Herbert),...

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