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SBAR'S INC. v. N.J. ART & CRAFT DISTRIBUTORS, INC.

205 N.J. Super. 516 (1985)

501 A.2d 560

SBAR'S, INC., PLAINTIFF-RESPONDENT, v. NEW JERSEY ART & CRAFT DISTRIBUTORS, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1985.

Attorney(s) appearing for the Case

Andrew J. Karcich argued the cause for appellant (Sherman, Silverstein & Kohl, attorneys; Mr. Karcich of counsel and Mary K. White on the brief).

Robert A. Gleaner argued the cause for respondent (Lario and Nardi, attorneys).

Before Judges ANTELL, MATTHEWS and SHEBELL.

The opinion of the Court was delivered by, ANTELL, P.J.A.D.

Defendant, a bulk sale purchaser from Art Marts, Inc., failed to give a ten day notice of sale to plaintiff, an unsecured creditor of Art Marts, as required by N.J.S.A. 12A:6-105. Under that enactment the transfer is therefore "ineffective." Shortly after the sale plaintiff sued Art Marts and defendant for the full amount of Art Marts' obligation to plaintiff. One month later Art Marts filed a petition...

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