MARION REALTY & INV. CO. v. FREY SEWING M. CO.


199 Misc. 1082 (1951)

Marion Realty & Investment Co., Inc., Plaintiff, v. Sam Frey Sewing Machine Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

February 27, 1951.


Attorney(s) appearing for the Case

Milton J. Levine for defendants.

Joseph N. Klapper for plaintiff.


BENVENGA, J.

Motion for summary judgment in an action to set aside a bulk sale of the assets of the defendant Nationwide Sewing Machine Co. to the defendant Sam Frey Sewing Machine Co. The question is whether there was compliance with section 44 of the Personal Property Law which, so far as material, requires the purchaser in bulk of a merchant's stock of goods to give notice of the proposed sale to every creditor...

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