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KLEIN v. ROSSI

No. 62 C 1439.

251 F.Supp. 1 (1966)

S. Harvey KLEIN, as Trustee in Bankruptcy of Midwest Steamship Agency, Inc., Judgment Creditor-Petitioner, v. John L. ROSSI, Judgment Debtor, and Marie Rossi, Respondent.

United States District Court E. D. New York.

January 21, 1966.

Attorney(s) appearing for the Case

James D. Stillman, New York City (Migdal, Low & Tenney, New York City, of counsel), for plaintiff.

Joseph Lewis Simon, Brooklyn, N. Y., (Schwartz & Duberstein, Brooklyn, N. Y., of counsel), for defendant.

DOOLING, District Judge.

The minimum facts established by plaintiff on the present motion framed under N.Y.C.P.L.R. § 5225(b) and, in essence, a motion for summary judgment, are that defendant John L. Rossi transferred 250 shares of the stock of United States Freight Co. to his wife, the respondent Marie Rossi, without any consideration while the present action was pending and that he did so with the intention of keeping the plaintiff from executing on the stock...

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