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MINKOFF v. LIONELL

11 Misc.2d 486 (1958)

Nathaniel M. Minkoff, as Treasurer of Joint Board of Dress and Waistmakers' Union of Greater New York, Appellant, v. Ben Lionell, Respondent, et al., Defendants.

Supreme Court, Appellate Term, First Department.

February 6, 1958.

Attorney(s) appearing for the Case

Gerard M. Weisberg for appellant.

Abraham Wilk and David H. Schwartz for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

The evidence establishes that the defendant, an officer of the corporation, received payment from the insolvent corporation with knowledge of its insolvency. As such payment was prohibited by section 15 of the Stock Corporation Law, the plaintiff, a creditor of the corporation, could recover against the defendant even though its claim was not reduced to judgment at the time of the wrongful payment.

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