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MATTER OF C & M PLASTICS (COLLINS)

168 A.D.2d 160 (1991)

In the Matter of the Dissolution of C & M Plastics, Inc., Appellant. James C. Collins, as Trustee in Bankruptcy of Terry L. Matthews et al., Respondent

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

June 13, 1991

Attorney(s) appearing for the Case

O'Connor, Gacioch & Pope (Martha Keeler Macinski of counsel), for appellant.

Ball, McDonough & Johnson, P. C. (Philip C. Johnson of counsel), for respondent.

CASEY, J. P., MIKOLL, MERCURE and CREW III, JJ., concur.

YESAWICH JR., J.

Terry L. Matthews and a former business employee incorporated respondent, C & M Plastics, Inc. (hereinafter C & M), in 1982, but because of potential liability related to his prior employment Matthews allegedly requested that no stock be issued to him at that time. Thereafter, in 1983, Matthews and his wife filed a petition in Bankruptcy Court but failed to disclose the alleged ownership...

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