Carl Ahlers, Inc. v. Dingott

Defendant moves to dismiss the complaint under rule 113 of the Rules of Civil Practice, in an action brought under section 44 of the Personal Property Law.

The complaint alleges, among other things, that the plaintiff was, and still is, a creditor of Max Dingott on account of goods sold and delivered to him; that the said Max Dingott sold and transferred to the defendant Edward Otchet the dairy store located at 4620 Sixteenth avenue together with the goods, merchandise and fixtures thereof in bulk, and that said transfer was not made in the ordinary course of trade and is fraudulent and void…