TABIN CORP. v. CLIMAX BOUTIQUE


40 A.D.2d 146 (1972)

Adrian Tabin Corporation, Respondent, v. Climax Boutique, Inc. et al., Appellants, and L. D. J. Dress, Inc., Defendant

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

November 27, 1972.


Attorney(s) appearing for the Case

Martin E. Mandel (Samuel W. Gilman of counsel), for appellants.

Black & Brownstein (Walter Black of counsel), for respondent.

RABIN, P. J., and HOPKINS, J., concur with SHAPIRO, J.; MUNDER, J., dissents and votes to affirm the judgment insofar as appealed from, with an opinion, in which LATHAM, J., concurs.


SHAPIRO, J.

The novel issue posed by this appeal is whether a purchaser at a bulk sale, who receives an affidavit of "no creditors" is nevertheless under a duty to make careful inquiry as to the possible existence of creditors, of whom he has no actual knowledge. The plaintiff, a creditor of the seller, was not notified of the sale and hence seeks an adjudication that, as to it, the sale is void.

Defendant...

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