Eisenberg v. Gilbert

Appellate Division of the Supreme Court of New York

Eisenberg v. Gilbert

3 A.D.2d 835, 161 N.Y.S.2d 841, 1957 N.Y. App. Div. LEXIS 5995

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

DecidedApril 1, 1957

StatusPublished

This text of 3 A.D.2d 835 (Eisenberg v. Gilbert) 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

Eisenberg v. Gilbert, 3 A.D.2d 835, 161 N.Y.S.2d 841, 1957 N.Y. App. Div. LEXIS 5995 (N.Y. Ct. App. 1957).

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Opinion

Action by a judgment creditor, a lessor, to set aside (1) a bulk sale by his debtors of their partnership assets, and (2) separate conveyances by them of their respective inchoate interests as tenants by the entirety in their individual homes, upon the grounds that (a) said sale did not comply with section 44 of the Personal Property Law, in that notice thereof was not given to appellant, the lessor, and (b) said sale and conveyances were in fraud of creditors. The appeal is from a judgment entered after trial, before an Official Referee, dismissing the complaint on the merits. The Official Referee found that appellant was not a creditor at the time of the transfers, there then being no arrears in the payment of rent under the lease. Judgment unanimously affirmed, with costs. No opinion. Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Action by a judgment creditor, a lessor, to set aside (1) a bulk sale by his debtors of their partnership assets, and (2) separate conveyances by them of their respective inchoate interests as tenants by the entirety in their individual homes, upon the grounds that (a) said sale did not comply with section 44 of the Personal Property Law, in that notice thereof was not given to appellant, the lessor, and (b) said sale and conveyances were in fraud of creditors. The appeal is from a judgment entered after trial, before an Official Referee, dismissing the complaint on the merits. The Official Referee found that appellant was not a creditor at the time of the transfers, there then being no arrears in the payment of rent under the lease. Judgment unanimously affirmed, with costs. No opinion. Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

3 A.D.2d 835, 161 N.Y.S.2d 841, 1957 N.Y. App. Div. LEXIS 5995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eisenberg-v-gilbert-nyappdiv-1957.