In re the Assignment for the Benefit of Creditors of Decorative Cabinet Corp.

New York Court of Appeals

In re the Assignment for the Benefit of Creditors of Decorative Cabinet Corp.

269 N.E.2d 199, 28 N.Y.2d 665, 320 N.Y.S.2d 530, 1971 N.Y. LEXIS 1509

DecidedFebruary 24, 1971

StatusPublished

This text of 269 N.E.2d 199 (In re the Assignment for the Benefit of Creditors of Decorative Cabinet Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Assignment for the Benefit of Creditors of Decorative Cabinet Corp., 269 N.E.2d 199, 28 N.Y.2d 665, 320 N.Y.S.2d 530, 1971 N.Y. LEXIS 1509 (N.Y. 1971).

Pincite

Opinion

Order affirmed, without costs. It is not necessary to consider the applicability of the parol evidence rule because, in any event, the subsequent creditors and purchasers in good faith would not be bound by the undisclosed arrangements among the parties to the lending transactions. Furthermore, petitioner Hyse Realty Corp. was estopped, as Special Term properly found, because of the nondisclosure of such arrangements.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.

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Order affirmed, without costs. It is not necessary to consider the applicability of the parol evidence rule because, in any event, the subsequent creditors and purchasers in good faith would not be bound by the undisclosed arrangements among the parties to the lending transactions. Furthermore, petitioner Hyse Realty Corp. was estopped, as Special Term properly found, because of the nondisclosure of such arrangements.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.

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Bluebook (online)

269 N.E.2d 199, 28 N.Y.2d 665, 320 N.Y.S.2d 530, 1971 N.Y. LEXIS 1509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-assignment-for-the-benefit-of-creditors-of-decorative-cabinet-ny-1971.