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CIGAR v. INTERSTATE DISTRIB.

184 Misc.2d 774 (2000)

710 N.Y.S.2d 858

COMMITTEE OF UNSECURED CREDITORS OF INTERSTATE CIGAR CO., Plaintiff, v. INTERSTATE DISTRIBUTION, INC., et al., Defendants.

Supreme Court, Nassau County.

June 21, 2000.

Attorney(s) appearing for the Case

Pryor & Mandelup, L. L. P., Westbury (Christopher Costello of counsel), for plaintiff.

Stewart Occhipinti & Makow, L. L. P., New York City (Frank Occhipinti of counsel), for defendants.

OPINION OF THE COURT

GEOFFREY J. O'CONNELL, J.

The issue presented in this case is whether a sale of assets constitutes a bulk transfer subject to article 6 of the Uniform Commercial Code or is exempt under UCC 6-103 (3) as having been made in settlement of a lien or other security interest. In lieu of testimony the parties have stipulated to a trial upon an agreed statement of facts with supporting exhibits...

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