Opinion
No. 352, Docket 25579.
Submitted June 5, 1959.
Decided June 17, 1959.
Appeal from the United States District Court for the Southern District of New York; John F.X. McGohey, Judge.
H.S. Dorf Co., Inc., the respondent to a pending petition for involuntary bankruptcy brought by Beol, Inc., a creditor, appeals from an order refusing to stay an action instituted by the latter as judgment creditor in the Supreme Court, New York County, on March 12, 1952, to recover preferences against the alleged bankrupt and others.
Edward Gettinger and Samuel W. Sherman, of Gettinger Gettinger, New York City, for alleged bankrupt-appellant.
Borris M. Komar, New York City, for appellee.
Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.
There is no sound ground for a stay of the state court action at the present time. Metcalf Bros. Co. v. Barker, 187 U.S. 165, 23 S.Ct. 67, 47 L.Ed. 122; In re Denton Haskins Music Pub. Co., D.C.S.D.N.Y., 10 F. Supp. 802, per Patterson, J.
Affirmed.