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MATTER OF 800 SOUND BEACH CORP. v. STEINMETZ

225 A.D.2d 771 (1996)

639 N.Y.S.2d 956

In the Matter of 800 Sound Beach Corp., Appellant, v. David S. Steinmetz et al., Respondents, and McCarthy, Fingar, Donovan, & Drazen et al., Respondents

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

March 25, 1996

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Pursuant to CPLR 5225, the petitioner was required to show that its rights to the disputed funds were superior to the rights of the respondent McCarthy, Fingar, Donovan & Drazen, Esqs. Because the petitioner failed to carry its burden, the Supreme Court correctly dismissed the petition...

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