American Hardware Supply Co. v. Rubin

Appellate Division of the Supreme Court of New York

American Hardware Supply Co. v. Rubin

70 A.D.2d 648, 417 N.Y.S.2d 8, 1979 N.Y. App. Div. LEXIS 12097

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 1979·Published·Cited by 3 cases

Opinion

— In an action to recover damages for fraud and unjust enrichment, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered March 20, 1978, which dismissed the complaint. Judgment affirmed, with costs. The trustee in bankruptcy had the exclusive right to bring an action to recover corporate assets fraudulently transferred to others (4B Collier, Bankruptcy [14th ed], § 70.92). Plaintiff may not circumvent this rule by bringing its own action against the transferees to recover damages for fraud or unjust enrichment. O’Connor, J. P., Rabin, Shapiro and Mangano, JJ., concur.

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— In an action to recover damages for fraud and unjust enrichment, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered March 20, 1978, which dismissed the complaint. Judgment affirmed, with costs. The trustee in bankruptcy had the exclusive right to bring an action to recover corporate assets fraudulently transferred to others (4B Collier, Bankruptcy [14th ed], § 70.92). Plaintiff may not circumvent this rule by bringing its own action against the transferees to recover damages for fraud or unjust enrichment. O’Connor, J. P., Rabin, Shapiro and Mangano, JJ., concur.

American Hardware Supply Co. v. Rubin, 70 A.D.2d 648, 417 N.Y.S.2d 8, 1979 N.Y. App. Div. LEXIS 12097 (N.Y. Ct. App. 1979).

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Opinion

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