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KIAMESHA CONCORD, INC. v. PULLMAN

52 Misc.2d 270 (1966)

Kiamesha Concord, Inc., Plaintiff, v. "Henry" Pullman, Defendant.

Supreme Court, Special Term, New York County.

November 29, 1966

Attorney(s) appearing for the Case

Bernstein & Bernstein (Aaron D. Bernstein of counsel), for plaintiff.

MATTHEW M. LEVY, J.

The plaintiff's third proposed order is rejected. It is not appropriate to punish the defendant for contempt on the present record.

Not only was a fictitious name used without adequate identification of the judgment debtor (see my opinion herein dated October 24, 1966, 52 Misc.2d 210) but a notice of motion was not served nor was consent obtained to correct the title and proceedings,...

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