Atamian v. O'Leary

This is an action by a judgment creditor of the chattel mortgagor Aboian to have the mortgage declared void and a receiver appointed and to enjoin sale of the fixtures by the mortgagees O’Leary and Zenner. The mortgage here was given upon fixtures of a restaurant in discharge of a levy upon execution issued upon a judgment for rent and was duly filed in accordance with sections 230 and 232 of the Lien Law. The plaintiff claims that the mortgage is void because defendants failed to give notice to Aboian’s creditors and otherwise to comply with section 44 of the Personal Property Law, commonly…