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OXENFELDT v. YONOFSKY

276 A.D. 374 (1950)

Edward Oxenfeldt, Respondent, v. Harry Yonofsky, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1950.

Attorney(s) appearing for the Case

Sol Nathan for appellant.

Hyman E. Goldstein of counsel (Geller & Gussak, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Per Curiam.

The complaint herein set forth two causes of action. The first was to recover damages for fraud in misrepresenting the buyer's solvency in connection with the sale of certain sweaters. The second was to recover like damages based on the alleged fraudulent scheme of defendant to transfer all of his assets to a corporation immediately after the sale and before payment became due. The case was submitted to the

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