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ROYAL BUS. FUNDS CORP. v. RUSKIN

31 A.D.2d 897 (1969)

Royal Business Funds Corporation, Appellant, v. Leonard Ruskin, Respondent

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

March 4, 1969

Judgment entered herein on February 8, 1968, unanimously reversed on the law and a new trial ordered as indicated below, with costs to abide the event.

We agree with the findings of Trial Term and confirm the same with the following exception. Defendant Ruskin, an officer of the corporate plaintiff and mortgagee of a chattel mortgage given by it, seized its assets on foreclosure and sold the same. On such sale it was incumbent...

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