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TALBOT TYPOS. v. TENBA, INC.

147 Misc.2d 922 (1990)

Talbot Typographics, Inc., Plaintiff, v. Tenba, Inc., et al., Defendants.

Civil Court of the City of New York, New York County.

July 31, 1990

Attorney(s) appearing for the Case

Simon, Uncyk & Borenkind for defendants. Mayne Miller for plaintiff.

LOUISE GRUNER GANS, J.

May an action to recover assets transferred in violation of the Bulk Sales Act (UCC art 6), or an action to recover assets fraudulently transferred in derogation of the rights of creditors, pursuant to article 10 of the Debtor and Creditor Law, be maintained against the transferee of the assets in the Civil Court of the City of New York?

The court holds that each such action is a species of action for rescission which, pursuant...

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