MTR. OF MINCOW BAG CO. (KAYE)


29 A.D.2d 400 (1968)

In the Matter of the General Assignment for the Benefit of Creditors of Mincow Bag Co., Inc., Assignor. Gabriel S. Kaye, Appellant; Finale, Inc., Respondent

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

March 21, 1968.


Attorney(s) appearing for the Case

Arnold J. Ross of counsel (Michael R. Kleinerman and Robert I. Postel with him on the brief; Booth, Lipton & Lipton, attorneys), for appellant.

Albert N. Proujansky of counsel (Kane, Kessler & Proujansky, attorneys), for respondent.

BOTEIN, P. J., CAPOZZOLI, McGIVERN and McNALLY, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.


Per Curiam.

This appeal involves the application of subdivision (37) of section 1-201 and sections 2-326 and 9-102 of the Uniform Commercial Code, effective in New York State as of September 27, 1964.

The appellant herein is assignee of creditors of Mincow Bag Co., Inc., consignee of ladies gloves, handbags and other female accessories, sold on a commission basis in many stores throughout the country. In October...

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