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MATTER OF BIBINGER, INC.

12 A.D.2d 237 (1961)

In the Matter of Edward Bibinger, Inc. Alfred A. Rosenberg, Respondent; Murray Bloom, Appellant

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

January 30, 1961.

Attorney(s) appearing for the Case

Frank Leavitt for appellant.

Louis P. Rosenberg for respondent.

BELDOCK, Acting P. J., UGHETTA, KLEINFELD and BRENNAN, JJ., concur.

CHRIST, J.

A question of circular priorities is presented, involving the rights of holders of two successive mortgages on the same chattels and the rights of the mortgagor's assignee for the benefit of creditors. The assignment was made on August 22, 1957. The first mortgage had been given by the assignor sometime in 1956, to the First National City Bank of New York, to secure a loan of $12,600. The second mortgage...

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