GALLIE CORP. v. BANKERS COMMERCIAL CORP.


6 A.D.2d 674 (1958)

Gallie Corporation, Respondent-Appellant, v. Bankers Commercial Corporation, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 13, 1958


The order dated June 15, 1956, should be modified on the law to the extent of deleting therefrom leave to replead as to the second, third and fourth causes of action, and dismissing the fifth and sixth causes of action, with leave to replead only as to the sixth cause of action. We are of the opinion that the second and fourth causes of action are not available to a simple contract creditor (Skilton v. Codington, 185 N.Y....

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