AL LANGER v. JOED STORES CORP.


26 A.D.2d 644 (1966)

Al Langer, on Behalf of Himself and all Other Creditors of Joed Stores Corporation, et al., Appellants, v. Joed Stores Corporation et al., Respondents, et al., Defendants

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

July 5, 1966


Judgment reversed on the law, and new trial granted, with costs to abide the event.

No questions of fact have been considered. In our opinion, the court erred in dismissing the action upon the ground that, because there had been an assignment for the benefit of creditors of the defendant transferors, a cause of action founded upon a violation of the bulk sales law belonged exclusively to the assignee thereunder. We find nothing to indicate that such is the intent...

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