Mamco Corp. v. Treman Electronics & Manufacturing Corp.

New York Supreme Court

Mamco Corp. v. Treman Electronics & Manufacturing Corp.

22 Misc. 2d 109, 201 N.Y.S.2d 472, 1960 N.Y. Misc. LEXIS 3208

DecidedApril 8, 1960

StatusPublished

This text of 22 Misc. 2d 109 (Mamco Corp. v. Treman Electronics & Manufacturing Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mamco Corp. v. Treman Electronics & Manufacturing Corp., 22 Misc. 2d 109, 201 N.Y.S.2d 472, 1960 N.Y. Misc. LEXIS 3208 (N.Y. Super. Ct. 1960).

Pincite

Opinion

Mario Pittoni, J.

Motion for an order pursuant to section 794 of the Civil Practice Act directing the Sperry Gyroscope Company to pay to the judgment creditor, Mamco Corp., the [110]*110sum of $13,706.71 from a sum due the judgment debtor, Treman Electronics and Manufacturing Corp.

The movant’s judgment was obtained on January 26,1960 and a subpoena to examine the Sperry Gyroscope Company was served on that date. In lieu of appearing on the examination, Sperry has admitted that it is indebted to the judgment debtor in a sum in excess of the balance due on the movant’s judgment. To be exact, it admits that $31,516.56 is due the judgment debtor. However, numerous other judgments were obtained and supplementary proceedings commenced after the movant’s judgment and proceeding. The total judgments and a lien filed by the District Director of Internal Revenue for unpaid taxes exceed the sum which is admittedly due. Two of the judgment creditors filed an involuntary petition in bankruptcy for the judgment debtor on April 1, 1960 (see N. Y. L. J., April 4, 1960, p. 2, col. 3). "Liens acquired within four months before the filing of a petition in bankruptcy are deemed to be null and void under certain circumstances * * * (a) if at the time when such lien was obtained such person [debtor] was insolvent”. (Matter of Wickwire Spencer Steel Co. v. Kemkit Scientific Corp., 292 N. Y. 139, 142-143. See, also, Kane v. Lenoble, 82 N. Y. S. 2d 259.)

Here, the judgments were obtained "within a period of two months. Therefore, it is assumed, absent any evidence to the contrary, that when the movant’s lien was obtained the judgment debtor was insolvent. The lien is unenforcible during the pendency of the bankruptcy proceeding. Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Mario Pittoni, J.

Motion for an order pursuant to section 794 of the Civil Practice Act directing the Sperry Gyroscope Company to pay to the judgment creditor, Mamco Corp., the [110]*110sum of $13,706.71 from a sum due the judgment debtor, Treman Electronics and Manufacturing Corp.

The movant’s judgment was obtained on January 26,1960 and a subpoena to examine the Sperry Gyroscope Company was served on that date. In lieu of appearing on the examination, Sperry has admitted that it is indebted to the judgment debtor in a sum in excess of the balance due on the movant’s judgment. To be exact, it admits that $31,516.56 is due the judgment debtor. However, numerous other judgments were obtained and supplementary proceedings commenced after the movant’s judgment and proceeding. The total judgments and a lien filed by the District Director of Internal Revenue for unpaid taxes exceed the sum which is admittedly due. Two of the judgment creditors filed an involuntary petition in bankruptcy for the judgment debtor on April 1, 1960 (see N. Y. L. J., April 4, 1960, p. 2, col. 3). "Liens acquired within four months before the filing of a petition in bankruptcy are deemed to be null and void under certain circumstances * * * (a) if at the time when such lien was obtained such person [debtor] was insolvent”. (Matter of Wickwire Spencer Steel Co. v. Kemkit Scientific Corp., 292 N. Y. 139, 142-143. See, also, Kane v. Lenoble, 82 N. Y. S. 2d 259.)

Here, the judgments were obtained "within a period of two months. Therefore, it is assumed, absent any evidence to the contrary, that when the movant’s lien was obtained the judgment debtor was insolvent. The lien is unenforcible during the pendency of the bankruptcy proceeding. Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

22 Misc. 2d 109, 201 N.Y.S.2d 472, 1960 N.Y. Misc. LEXIS 3208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mamco-corp-v-treman-electronics-manufacturing-corp-nysupct-1960.

Opinion

Related

Cite This Page — Counsel Stack