MATTER OF FINKELSTEIN


11 Misc.2d 938 (1958)

In the Matter of Samuel Finkelstein, Assignor. Huntington Cabinet Mart, Inc., Assignee.

Supreme Court, Special Term, Nassau County.

April 14, 1958.


Attorney(s) appearing for the Case

Edward M. Frankel for assignee.

G. Burchard Smith, County Attorney, for County of Nassau.

Louis J. Lefkowitz, Attorney-General (Mark T. Walsh of counsel), for State of New York.

Wilfred Feinberg, New York State Banking Department, amicus curiæ.


MARCUS G. CHRIST, J.

This is a proceeding in the nature of mandamus to compel the County Clerk of Nassau County to accept and file pursuant to section 47 of the Personal Property Law an assignment of wages, salary, commissions or other compensation for services dated December 1, 1957.

The County Clerk has refused to accept the paper and claims it is invalid because on its face it shows that it was given by the assignor to the assignee as security...

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