Lowe v. Fairberg

Appellate Division of the Supreme Court of New York

Lowe v. Fairberg

245 A.D. 731

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

DecidedJune 15, 1935

StatusPublished

This text of 245 A.D. 731 (Lowe v. Fairberg) 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

Lowe v. Fairberg, 245 A.D. 731 (N.Y. Ct. App. 1935).

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Opinion

Action by plaintiff, as creditor of defendant Fairberg, to recover a judgment under the provisions of section 44 of the Personal Property Law. Judgment in favor of plaintiff reversed on the law and the facts, with costs, and the complaint dismissed, with costs. We are of opinion that the Personal Property Law (§ 44) is not applicable and that, in any event, on the proof adduced it was not violated. Resettled findings of fact numbered third to thirteenth, inclusive, and the conclusions of law are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur. Settle order on notice.

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Action by plaintiff, as creditor of defendant Fairberg, to recover a judgment under the provisions of section 44 of the Personal Property Law. Judgment in favor of plaintiff reversed on the law and the facts, with costs, and the complaint dismissed, with costs. We are of opinion that the Personal Property Law (§ 44) is not applicable and that, in any event, on the proof adduced it was not violated. Resettled findings of fact numbered third to thirteenth, inclusive, and the conclusions of law are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Hagarty, Carswell and Scudder, JJ., concur. Settle order on notice.

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Bluebook (online)

245 A.D. 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-fairberg-nyappdiv-1935.