RUPPERT v. CMTY. NAT'L BANK


22 A.D.2d 165 (1964)

Jacob Ruppert, a Corporation, Respondent, v. Community National Bank, Appellant

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

December 8, 1964.


Attorney(s) appearing for the Case

Herbert L. Ortner of counsel (Salon & Ortner, attorneys), for appellant.

Benjamin Leibowitz of counsel (Benjamin and Meyer Leibowitz, attorneys), for respondent.

BREITEL, J. P., McNALLY, STEVENS and STEUER, JJ., concur.


RABIN, J.

Plaintiff, a judgment creditor of the National Beverage Co. (hereinafter referred to as "debtor") having levied upon the debtor's personal property, brings this action to recover the proceeds of the sale of four automobiles sold by defendant pursuant to a chattel mortgage covering said property. Plaintiff bases its claim on the contention that the chattel mortgage was void as to it so that its levy...

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