IRVING TRUST CO. v. KAMINSKY


22 F.Supp. 362 (1937)

IRVING TRUST CO. v. KAMINSKY et al.

District Court, S. D. New York.

October 6, 1937.


Attorney(s) appearing for the Case

Charles Seligson, of New York City, for plaintiff.

David W. Kahn, of New York City, for defendants Harry W. Kaminsky, Charles W. Kaminsky, Sam Kaminsky, Hyman Raichlen, 102 Stevens Avenue Corp., Aler Realty Corp., Gramatan Court Realty Co., Inc.


PATTERSON, District Judge.

The motion is to dismiss six of the seven counts in the amended bill, on the ground that no cause of action is stated.

The suit is brought by the trustee in bankruptcy of one Kaminsky. It is based on section 70 (e) of the Bankruptcy Act, as amended, 11 U.S.C.A. § 110(e), to the effect that "the trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided." While the first...

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