PET, INC. v. LUSTIG


77 A.D.2d 455 (1980)

PET, Incorporated, Respondent, v. Abraham S. Lustig, Jr., Appellant

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

December 12, 1980


Attorney(s) appearing for the Case

Laverne, Sortino, Hanks & Lustig (Douglas J. Lustig of counsel), for appellant.

Harter, Secrest & Emery (Eric A. Evans of counsel), for respondent.

CARDAMONE, J. P., SIMONS, SCHNEPP and DOERR, JJ., concur.


WITMER, J.

Respondent Abraham S. Lustig, Jr. appeals from a judgment granted against him in a special proceeding instituted by petitioner pursuant to CPLR 5227 as a judgment creditor of Nifty Food Corporation (Nifty), to whom respondent allegedly is indebted, to require respondent to pay to petitioner the sum of $3,585.60 of his indebtedness to Nifty. An unusual application of an elementary principle is presented...

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