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TABIN CORP. v. CLIMAX BOUTIQUE

34 N.Y.2d 210 (1974)

Adrian Tabin Corporation, Appellant, v. Climax Boutique, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 15, 1974.

Attorney(s) appearing for the Case

Philip L. Friedman for appellant.

Samuel W. Gilman and Martin E. Mandel for respondent.

Judges JONES, WACHTLER and STEVENS concur with Judge JASEN; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs; Judge RABIN taking no part.

JASEN, J.

The plaintiff, Adrian Tabin Corporation, is a creditor of the defendant L. D. J. Dress, Inc., a New York corporation engaged in the retail sale of dresses. L. D. J. (transferor) sold its business in bulk to one Paul Warman, who in turn resold to defendant Climax Boutique, Inc. (transferee), in which he is a principal. At the closing, the transferor furnished a bill of sale, which was preserved by the...

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