Order dated December 5, 1956, insofar as appealed from, reversed, with $10 costs and disbursements, motion to dismiss the complaint denied, and motion to vacate the notice of examination before trial remitted to the Special Term for determination on the merits.
It is our view that the complaint sufficiently alleges that respondent received moneys of the corporation in payment of an unsecured claim, with knowledge of the corporation's insolvency and with an intent...
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