MTR. OF PANZARELLA CONST. CO. (PETERMAN)


11 Misc.2d 211 (1958)

In the Matter of the General Assignment for the Benefit of Creditors of Panzarella Construction Co., Inc., Assignor, to David Peterman, Assignee.

Supreme Court, Special Term, Westchester County.

January 30, 1958.


Attorney(s) appearing for the Case

Frederick Behr, Jr., for petitioner.

Herbert Z. Reinberg for assignee.


JAMES W. BAILEY, J.

Petitioner makes application to compel the assignee for the benefit of creditors to indorse a check for $1,500 to enable him to receive payment thereof pursuant to an assignment executed in his favor more than four months prior to the assignment for the benefit of creditors.

The assignee for the benefit of creditors opposes the application upon the grounds (1) that the prior assignment was not recorded as required by section...

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