STERNBERG v. RUBENSTEIN


305 N.Y. 235 (1953)

Louis Sternberg, as Trustee in Bankruptcy of Harold B. Fink, Doing Business under the Name of Delaware Bootery, Respondent, v. Jack Rubenstein, Appellant.

Court of Appeals of the State of New York.

Decided April 16, 1953


Attorney(s) appearing for the Case

Victor Levine and Benjamin M. Gingold for appellant.

Donald S. Day for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and FROESSEL, JJ., concur with FULD, J.; DESMOND, J., dissents in opinion in which DYE, J., concurs.


FULD, J.

Plaintiff trustee in bankruptcy, acting on behalf of creditors, sues to hold defendant Jack Rubenstein accountable, under the Bulk Sales Act (Personal Property Law, § 44), for the value of a batch of "off-season" shoes sold to Rubenstein by the bankrupt, Harold B. Fink. The question presented is whether, under the statute, the sale of such "off-season" merchandise constitutes a sale "in bulk * *...

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