Freedman v. Baron, Rott & Samuels Inc.

Order entered April 30, 1968 is unanimously modified on the law to grant defendant’s motion for summary judgment to the extent of striking the first and third causes of action, and as so modified the order is affirmed, without costs or disbursements to either party. In the first cause of action the plaintiff seeks relief under section 44 of the Personal Property Law (Bulk Sales Act). Since the plaintiff’s claim, at the time of transfer, was not liquidated, he is not considered a creditor within the purview of section 44 of the Personal Property Law and, therefore, the first cause of action…