Ben Bimberg & Co. v. Unity Coat & Apron Co.

Appellate Division of the Supreme Court of New York

Ben Bimberg & Co. v. Unity Coat & Apron Co.

240 A.D. 959, 268 N.Y.S. 881

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

DecidedDecember 15, 1933

StatusPublished

This text of 240 A.D. 959 (Ben Bimberg & Co. v. Unity Coat & Apron Co.) 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

Ben Bimberg & Co. v. Unity Coat & Apron Co., 240 A.D. 959, 268 N.Y.S. 881 (N.Y. Ct. App. 1933).

Pincite

Opinion

Order affirmed, with twenty dollars costs and disbursements. The complaint on its face does not show that the stock of merchandise which was the subject of the transfer was not intended for resale in the regular conduct of the business of the transferor. The admissions made by plaintiffs in the affidavits on the application for summary judgment under rule 113 of the Rules of Civil Practice, which were especially limited to the purposes of that motion, cannot be used by defendant here. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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Order affirmed, with twenty dollars costs and disbursements. The complaint on its face does not show that the stock of merchandise which was the subject of the transfer was not intended for resale in the regular conduct of the business of the transferor. The admissions made by plaintiffs in the affidavits on the application for summary judgment under rule 113 of the Rules of Civil Practice, which were especially limited to the purposes of that motion, cannot be used by defendant here. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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Bluebook (online)

240 A.D. 959, 268 N.Y.S. 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ben-bimberg-co-v-unity-coat-apron-co-nyappdiv-1933.