Legal Opinion
Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.
New York Supreme Court
Decided June 16, 1975PublishedCited by 4 opinions
1Opinion of the CourtVito J. Titone, J.
In this action to recover excess proceeds held by defendant, Rosenthal & Rosenthal, Inc. (Rosenthal), a factor of accounts receivable of a defunct pants manufacturer, Balabaskins, Ltd. (Balabaskins), plaintiff, Metro Burak, Inc. (Metro), a judgment creditor of the manufacturer, moves for summary judgment under CPLR 3212. By cross motion, defendant moves for leave to interplead the funds held by it on the ground that an assignee for the benefit of creditors of Balabaskins’ assets, to wit, New York Credit Men’s Adjustment Bureau, Inc. (Adjustment Bureau), is also making claim to such proceeds…
2Cases cited18 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Hardmann v. . BowenNew York Court of Appeals · 1868
- Rogers v. . PellNew York Court of Appeals · 1898
- White v. . KuntzNew York Court of Appeals · 1887
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3Cited by4 opinions
- In Re Kam Kuo Seafood Corp.United States Bankruptcy Court, S.D. New York · 1984
- In Re FlaxUnited States Bankruptcy Court, E.D. New York · 1995
- Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- In re the Liquidation of Jugobanka, A.D.New York Supreme Court · 2014