MATTER OF CONSALVAS v. BROOKLYN LOAN CORP.


12 A.D.2d 521 (1960)

In the Matter of Patrick Consalvas, Appellant, v. Brooklyn Loan Corporation, Respondent

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

November 21, 1960


Order reversed, without costs, and proceeding remitted to the Special Term for further action consistent herewith.

The record presents a sharp issue of fact as to whether the assignee complied with the statute (Personal Property Law, § 46-e) by making the requisite delivery to the assignor of a copy of all the papers incident to the assignment. The issue cannot be properly resolved on the basis of the conflicting affidavits...

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