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RIGHT TILE CONTRS. v. LEVINE

63 Misc.2d 355 (1970)

Right Tile Contractors, Inc., et al., Plaintiffs, v. Martin M. Levine, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

May 21, 1970

Attorney(s) appearing for the Case

Cally & Cally (James Cally of counsel), for plaintiffs. Kimmelman, Sexter, Sobel & Chriss (Arthur H. Sobel of counsel), for defendant.

LEONARD H. SANDLER, J.

The defendant moved pursuant to CPLR 2304 for an order quashing a subpoena on the ground that the judgment on which the subpoena was issued was discharged in bankruptcy, and further moved pursuant to CPLR 3211 (subd. 5) for discharge of the judgment. In reply, plaintiffs asserted that their judgment was not discharged by the order of bankruptcy since it was not "duly scheduled" as required...

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