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ENGELHART v. KAS CARPETS

104 Misc.2d 69 (1980)

Robert D. Engelhart, as Trustee in Bankruptcy of Chatsworth Carpet & Rug Co., Inc., Formerly Doing Business as Forward Carpets, Plaintiff, v. Kas Carpets, Inc., Defendant.

Supreme Court, Special Term, Queens County.

May 5, 1980.

Attorney(s) appearing for the Case

Philip M. Bernstein for defendant. Paul I. Krohn and David Helfant for plaintiff.

SIDNEY LEVISS, J.

Defendant, Kas Carpets, Inc., moves pursuant to CPLR 3101 for an order directing the trustee in bankruptcy of Chatsworth Carpet & Rug Co., Inc. (hereinafter Chatsworth) to produce an officer of the bankrupt corporation for an examination before trial. The examination is opposed by the trustee on the grounds that (a) the corporation having been adjudicated bankrupt and a trustee having been appointed, said corporation has ceased to...

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