Novety Scenic Studios, Inc. v. Martina ( 1944 )

Order affirmed, with ten dollars costs and disbursements. All concur, except Dowling, J., not voting. (The order denies plaintiff’s motion for summary judgment in a creditor’s action to recover a certain amount of taxes on admissions alleged to have been collected at defendant’s theatre and never paid to the United States Government but converted by defendant to his own use.) Present — Cunningham, P. J., Taylor, Dowling, Harris and MeCurn, JJ. [See 268 App. Div. 821.]