FRANKLIN FACTORS CORP. v. GREEN FURS, INC

Full title: FRANKLIN FACTORS CORPORATION, Respondent, Appellant, v. LOUIS H. GREEN…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 13, 1939

170 Misc. 229 (N.Y. App. Term 1939)

9 N.Y.S.2d 921

Opinion

January 13, 1939.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Fifth District.

Nachamie Benjamin [ H. Stuart Klopper of counsel], for the appellant, respondent.

Samuel Gutterman, for the respondent, appellant.

PER CURIAM.

The motion to punish for contempt should have been denied without leave to renew, since the filing of a petition for reorganization under section 77B of the Bankruptcy Act ( U.S. Code, tit. 11, § 207) could not be stayed by a State court and did not constitute a contempt of court. ( Matter of Kepecs, 123 N.Y.S. 872.)

Order modified by striking out permission to renew, and, as modified, affirmed, with ten dollars costs to defendant, appellant, respondent.

All concur. Present — HAMMER, FRANKENTHALER and NOONAN, JJ.