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BERMAN v. SCHWARTZ

59 Misc.2d 184 (1968)

David H. Berman, as Assignee for Benefit of Creditors of Carteret Business Forms & Printing Corp., Assignor, Plaintiff, v. Morris Schwartz, Doing Business as Printcraft Representatives, et al., Defendants.

Supreme Court, Special Term, New York County.

December 2, 1968

Attorney(s) appearing for the Case

Michael Berman for plaintiff. Abraham Rosenblum for defendants.

ABRAHAM N. GELLER, J.

This is an action brought by an assignee for the benefit of creditors against the holder of a chattel mortgage on assignor's equipment to recover the correct amount of surplus remaining after such holder's sale of the equipment conducted to satisfy the indebtedness secured by the mortgage. The assignee received and returned a check marked in full payment for $4,796.67 purportedly representing...

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