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MATTER OF PPX ENTERS., INC. v. CHALPIN

209 A.D.2d 353 (1994)

619 N.Y.S.2d 19

In the Matter of Ppx Enterprises, Inc., Appellant, v. Edward Chalpin et al., Respondents, and Carb, Luria, Glassner, Cook & Kufeld, Appellant

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

November 29, 1994

We hold that questions of fact are presented as to the ownership of the escrow funds (CPLR 5239). It was error for the motion court to award payment to Gonzalez out of the escrow fund. Gonzalez is a judgment creditor of Edward Chalpin, individually in the amount of $55,835. Gonzalez's claim is unrelated to either PPX Enterprises, or Rhythm Method, Inc., a now dissolved corporation formerly owned in part by Edward Chalpin, the assets...

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