S. Silberstein & Son, Inc. v. Cohen

The defendants moved for judgment “ as demanded in the answer,” a dismissal of the complaint, “ and more particularly for judgment dismissing the second cause of action ” for insufficiency. The motion was denied and judgment was granted in favor of plaintiff for the relief demanded in the second cause of action.

The second count is an attempt to state a cause of action for relief under the Bulk Sales Act or the Sales in Bulk Act (Pers. Prop. Law, § 44, as amd. by Laws of 1914, chap. 507); and it is attacked as faffing to allege that plaintiff was a creditor prior to the transfer of the…