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MTR. OF ENARK INDS (BUSH)

86 Misc.2d 985 (1976)

In the Matter of the General Assignment for the Benefit of Creditors of Enark Industries, Inc., Assignor. Martin J. Bush et al., Respondents-Appellants; Long Island Trust Company, Appellant-Respondent.

Supreme Court, Appellate Term, Second Department.

February 26, 1976

Attorney(s) appearing for the Case

Cullen & Dykman (Peter J. Mastaglio of counsel), for appellant-respondent. Jay Landa for Martin J. Bush, respondent-appellant. David G. Trager, United States Attorney (Paul B. Bergman and Edward S. Rudofsky of counsel), for United States Small Business Administration, respondent-appellant.

Concur: GLICKMAN, P. J., PITTONI and GAGLIARDI, JJ.

MEMORANDUM.

Order unanimously modified by declaring that the interest of the assignee for the benefit of creditors be superior to and have priority over the interests of the Small Business Administration and the Long Island Trust Company and, as so modified, affirmed, without costs.

It is the opinion of this court that the test used to determine whether a debtor has a "place of business" in more than one county of...

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