Klein v. Maravelas

Plaintiff, a creditor of the defendant’s vendors, brings this action to declare null and void a sale to defendant under the Personal Property Law (sales in bulk; Laws of 1914, chap. 507, § 44). The defendant moves for judgment on the pleadings, having interposed a demurrer alleging that the com*459plaint does not state facts sufficient to constitute a cause of action. The granting of said motion will in effect hold said act unconstitutional.

This case has been before the courts in a different phase. Klein v. Maravelas, 89 Misc. Rep. 466. It was decided in favor of the defendant Maravelas upon a…