Legal Opinion

In re Empire Furniture Factories, Inc.

New York Court of Appeals

Decided June 7, 1983PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the surcharge against appellant vacated.

On November 5,1974, Empire Furniture Factories, Inc., executed a general assignment for the benefit of creditors to respondent León Marcus. The assignee filed a final report and accounting on October 27,1978, and the matter ultimately was referred to a referee. Although the referee approved the assignee’s accounting, he ordered that the assignee’s auctioneer, appellant herein, be surcharged $5,273.40. The surcharge represented the cost of two newspaper…

2Cases cited5 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Walker v. City of HutchinsonSupreme Court of the United States · 1956
  3. In re the General Assignment for the Benefit of Creditors of John C. Creveling & Son Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Matter of John C. Creveling Son CorporationNew York Court of Appeals · 1940
  5. Arutt v. MulterAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by2 opinions

  1. Jacobs v. JacobsAppellate Division of the Supreme Court of the State of New York · 1996
  2. In re Special Inquiry JudgeCourt of Appeals of Washington · 1995

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