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MTR. OF IZRUE CORP. (CARR)

58 Misc.2d 343 (1968)

In the Matter of the General Assignment for the Benefit of Creditors of Izrue Corp., Assignor, to S. David Carr, Assignee.

Supreme Court, Special Term, Richmond County.

October 23, 1968

Attorney(s) appearing for the Case

Siegel, Sommers & Schwartz (Leonard Schwartz and Belle E. Kessler of counsel), for assignee. Calmin S. Sharfstein for Henry Schnier, respondent.

BENJAMIN BRENNER, J.

The motion by assignee for the benefit of creditors to expunge the claim of the landlord for use and occupation is denied since the assignee does not dispute his possession of the premises from the time of assignment until the time that auction sale of assets was completed. This is an administrative expense for which the assignee is liable.

The assignee also moves to direct the...

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