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SCHIFF v. ALVEE SPORTSWEAR CO.

199 Misc. 368 (1951)

Helen Schiff, Plaintiff, v. Alvee Sportswear Co., Inc., et al., Defendants. New York Credit Men's Adjustment Bureau, Inc., as Trustee in Bankruptcy of Alvee Sportswear Co., Inc., Plaintiff by Counterclaim, v. Helen Schiff et al., Defendants by Counterclaim.

Supreme Court, Special Term, Kings County.

March 14, 1951.

Attorney(s) appearing for the Case

Joseph M. Schwartz for Helen Schiff, plaintiff and defendant by counterclaim, and Globe Indemnity Company, defendant by counterclaim.

I. Jonas Speciner and Julius M. Arnstein for New York Credit Men's Adjustment Bureau, Inc., defendant and plaintiff by counterclaim.

Margaret Edelstein for Leo P. Marx, defendant by counterclaim.

ARKWRIGHT, J.

These are two motions to dismiss a counterclaim pursuant to subdivision 1 of rule 109 of the Rules of Civil Practice, upon the ground that the court does not have jurisdiction of the subject of the counterclaim.

The complaint alleges a cause of action seeking to set aside an assignment and transfer made by the defendant, Alfred Schiff, to the defendant Alvee Sportswear Co., Inc., on the...

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