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MTR. OF INT. RIBBON MILLS

42 A.D.2d 354 (1973)

In the Matter of the General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd., Assignor, to Maxwell Sturtz, Appellant. Arjan Ribbons, Inc., Respondent

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

October 18, 1973.

Attorney(s) appearing for the Case

Joseph A. Barbosa of counsel (Robert P. Herzog, attorney), for appellant.

L. Michael Rudolph of counsel (Schonbrun & Rudolph, attorneys), for respondent.

MARKEWICH, NUNEZ and MURPHY, JJ., concur with STEVENS, P. J.; KUPFERMAN, J., dissents in an opinion.

STEVENS, P. J.

This is an action to compel an assignee for the benefit of creditors to turn over moneys to petitioner, a judgment creditor of International Ribbon Mills, Ltd. (International) the judgment debtor. The petition was granted and an order (judgment) entered February 28, 1973. This appeal resulted.

On April 21, 1972, a judgment was entered in the Civil Court of the City of New York, New York...

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