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BURAK, INC. v. ROSENTHAL, INC.

83 Misc.2d 637 (1975)

Metro Burak, Inc., Plaintiff, v. Rosenthal & Rosenthal, Inc., Defendant.

Supreme Court, Richmond County.

June 16, 1975

Attorney(s) appearing for the Case

Ginzburg, Gaines, De Boissiere & Newman for plaintiff. Aranow, Brodsky, Bohlinger, Benetar & Einhorn for defendant. Hahn, Hessen, Margolis & Ryan for interpleaded defendant.

VITO J. TITONE, J.

In this action to recover excess proceeds held by defendant, Rosenthal & Rosenthal, Inc. (Rosenthal), a factor of accounts receivable of a defunct pants manufacturer, Balabaskins, Ltd. (Balabaskins), plaintiff, Metro Burak, Inc. (Metro), a judgment creditor of the manufacturer, moves for summary judgment under CPLR 3212. By cross motion, defendant moves for leave to interplead the funds...

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