Minkoff v. Lionell

Appellate Terms of the Supreme Court of New York

Minkoff v. Lionell

11 Misc. 2d 486, 172 N.Y.S.2d 723, 1958 N.Y. Misc. LEXIS 3905

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 6, 1958

StatusPublished

Cited by1 cases

This text of 11 Misc. 2d 486 (Minkoff v. Lionell) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minkoff v. Lionell, 11 Misc. 2d 486, 172 N.Y.S.2d 723, 1958 N.Y. Misc. LEXIS 3905 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per C'uHam.

The evidence establishes that the defendant, an officer of the corporation, received payment from the insolvent corporation with knowledge of its insolvency. As such payment was prohibited by section 1-5 of the Stock Corporation Law, the plaintiff, a creditor of the corporation, could recover [487]*487against the defendant even, though its claim was not reduced' to judgment at the time of the wrongful payment.

The judgment should be reversed and a new trial ordered, with $30 costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment reversed, etc.

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