Levinson v. Cohen

S.D. New York

Levinson v. Cohen

31 F. Supp. 96, 1939 U.S. Dist. LEXIS 1801

CourtDistrict Court, S.D. New York

DecidedMarch 7, 1939

StatusPublished

Cited by1 cases

This text of 31 F. Supp. 96 (Levinson v. Cohen) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levinson v. Cohen, 31 F. Supp. 96, 1939 U.S. Dist. LEXIS 1801 (S.D.N.Y. 1939).

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Opinion

COXE, District Judge.

I think this motion of the plaintiff for summary judgment must be granted. It has been determined in the bankruptcy proceedings that the payments made to the defendant were preferential. This was an adjudication between the parties of the very issues involved in the first cause of action, and it left nothing further to be tried. In re Palmenberg Sons, 2 Cir., 76 F.2d 935, affirmed under title of Bronx Brass Foundry v. Irving Trust Co., 297 U.S. 230, 56 S.Ct. 451, 80 L.Ed. 657; Irving Trust Co. v. Frimitt, D.C., 1 F.Supp. 16.

' The motion of the plaintiff for summary judgment against the defendant on the first cause of action is granted.

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COXE, District Judge.

I think this motion of the plaintiff for summary judgment must be granted. It has been determined in the bankruptcy proceedings that the payments made to the defendant were preferential. This was an adjudication between the parties of the very issues involved in the first cause of action, and it left nothing further to be tried. In re Palmenberg Sons, 2 Cir., 76 F.2d 935, affirmed under title of Bronx Brass Foundry v. Irving Trust Co., 297 U.S. 230, 56 S.Ct. 451, 80 L.Ed. 657; Irving Trust Co. v. Frimitt, D.C., 1 F.Supp. 16.

' The motion of the plaintiff for summary judgment against the defendant on the first cause of action is granted.

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31 F. Supp. 96, 1939 U.S. Dist. LEXIS 1801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levinson-v-cohen-nysd-1939.

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