SCHIFF v. ALVEE SPORTSWEAR CO., INC.


279 A.D. 749 (1951)

Helen Schiff, Appellant, v. Alvee Sportswear Co., Inc., et al., Respondents New York Credit Men's Adjustment Bureau, Inc., as Trustee in Bankruptcy of Alvee Sportswear Co., Inc., Respondent, v. Helen Schiff et al., Appellants

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

December 3, 1951.


Order affirmed, without costs.

Although the counterclaim cannot be sustained on the theory that plaintiff Schiff's lien became null and void by reason of subdivision a of section 67 of the Bankruptcy Act (U. S. Code, tit. 11, § 107, subd. [a]) because it attached within four months of the date when the petition in bankruptcy was filed, nevertheless it does state facts sufficient to constitute a cause of action for conversion. The defense also is sufficient. The...

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