STOKES v. KASE


51 A.D.2d 983 (1976)

Edwin C. Stokes, Respondent, v. Milton M. Kase et al., Appellants

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

March 1, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

In our opinion it cannot be said, as a matter of law, that plaintiff's answer to the involuntary bankruptcy petition filed by the corporate defendants herein in the United States District Court on October 4, 1965, which petition was prepared and processed by the individual attorney/defendants herein, placed in issue in that proceeding the question whether the filing of the petition was malicious...

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