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  5. 59 N.Y.2d 807 (1983)
 

MATTER OF EMPIRE FURNITURE FACTORIES, INC.

59 N.Y.2d 807 (1983)

In the Matter of Empire Furniture Factories, Inc., Doing Business as JGE, as Assignor. Leon C. Marcus, as Assignee, Respondent; David Strauss & Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1983.

Attorney(s) appearing for the Case

Andrew M. Schnier and Bertram Goldstein for appellant.

Respondent precluded.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the surcharge against appellant vacated.

On November 5, 1974, Empire Furniture Factories, Inc., executed a general assignment for the benefit of creditors to respondent Leon Marcus. The assignee filed a final report and accounting on October 27, 1978, and the matter ultimately was referred to a referee. Although the referee approved...

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