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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 28, 1979

StatusPublished

Cited by3 cases

This text of 70 A.D.2d 648 (American Hardware Supply Co. v. Rubin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

70 A.D.2d 648, 417 N.Y.S.2d 8, 1979 N.Y. App. Div. LEXIS 12097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-hardware-supply-co-v-rubin-nyappdiv-1979.

Opinion

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