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GORDON v. MOTEL CITY "B" ASSOCIATES

No. 89, Docket 32375.

403 F.2d 90 (1968)

Myron P. GORDON, as Trustee in Bankruptcy of Motel City, Inc., Bankrupt, Plaintiff-Appellant, v. MOTEL CITY "B" ASSOCIATES, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 14, 1968.

Attorney(s) appearing for the Case

Jack Rabin, New York City, for plaintiff-appellant.

William M. Kufeld, New York City (Lawrence Weiss, Carb, Luria, Glassner, Cook & Kufeld, New York City, of counsel), for defendant-appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The issue before us is whether New York's Bulk Sales Law, Personal Property Law, McKinney's Consol.Laws, c. 41, § 44, applies to the sale and immediate leaseback of the furnishings of a motel as part of a real estate transaction. Gordon, as trustee in bankruptcy for Motel City Inc. [hereinafter Motel City] brought this action under § 70(e) of the Bankruptcy Act against Motel City "B" Associates, a general partnership [hereinafter...

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