Apex Leasing Co. v. Litke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Litke. Stores, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of January, 1916, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the same day denying defendant’s motion made at the close of the case to dismiss the complaint, and also from a second order entered in said…
Read the full summary
Appeal by the defendant, Litke. Stores, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of January, 1916, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the same day denying defendant’s motion made at the close of the case to dismiss the complaint, and also from a second order entered in said clerk’s office on the same day appointing a receiver of the property of the defendant. The judgment set aside a transfer…
1Opinion of the Court
Smith, J.:
The. judgment appealed from proceeds upon the ground that the transfer of the property which has been set aside was void under the Bulk Sales Law, as amended by chapter 507 of the Laws of 1914. The question will be presented clearly by a concise statement of the facts. On September 10, 1913, the plaintiff leased to the defendant Litke a certain store at 744 Sixth avenue for a term of five years from the 1st of October, 1913, at an annual rental of $5,000 payable in equal monthly installments. The defendant Litke entered and conducted a business of buying and selling women’s apparel.…
2Cases cited3 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Wright v. . HartNew York Court of Appeals · 1905
- Kidd, Dater & Price Co. v. Musselman Grocer Co.Supreme Court of the United States · 1910
3Cited by24 opinions
- Sunrise Industrial Joint Venture v. Ditric Optics, Inc.District Court, E.D. New York · 1995
- Coon v. DossIllinois Supreme Court · 1935
- Superior Plating Works v. Art Metal Crafts Co.Appellate Court of Illinois · 1920
- Adams-Flanigan Co. v. Di DonatoAppellate Division of the Supreme Court of the State of New York · 1917
- Chemical Bank v. Society Brand Industries, Inc.District Court, S.D. New York · 1985
19 more not listed; retrieve them via the Exa API.