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BERGDORF GOODMAN v. MAR MIDLAND

97 Misc.2d 311 (1978)

Bergdorf Goodman, Inc., Petitioner, v. Marine Midland Bank, Respondent.

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

November 1, 1978

Attorney(s) appearing for the Case

Venitt & Adler for petitioner. David M. Berenson for respondent.

MYRIAM J. ALTMAN, J.

The petition of Bergdorf Goodman, Inc. (hereinafter Bergdorf) in this turnover proceeding is dismissed without prejudice for failure to serve the judgment debtor in the manner prescribed by statute and for failure to join a necessary party.

In September of 1977, Bergdorf brought an action against Felix and Gail Pappalardi. A default judgment was entered in favor of Bergdorf and...

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