MATTER OF RESNICKS, BINGHAMTON


69 Misc.2d 454 (1972)

In the Matter of the Assignment for the Benefit of Creditors of Resnicks, Binghamton, Inc., Assignor.

County Court, Broome County.

March 20, 1972


Attorney(s) appearing for the Case

James G. Duffy and Richard E. Fahrenz for petitioner. Pearis, Resseguie, Hogan & Kline (John B. Hogan of counsel), for respondent.


STEPHEN SMYK, J.

Petitioner assignee for benefit of creditors of Resnicks, Binghamton, Inc., moves to vacate a judgment filed by Leslie Fay Inc., respondent herein, in the Broome County Clerk's office on November 3, 1971 on the ground that respondent at that time had reasonable cause to believe that the judgment debtor was insolvent within the meaning of section 13 of the Debtor and Creditor Law. Further, that having such knowledge of the filing of the...

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