Willner Butter & Egg Corp. v. Roth

In an action to set aside a sale of goods in bulk, plaintiff moves, pursuant to section 44 of the Personal Property Law, for the appointment of a receiver. Defendants Paradiso cross move for summary judgment dismissing the complaint.

Plaintiff claims to be a creditor of defendant Both, who sold his retail grocery business to defendant Anthony Paradiso. The application for a receiver is based on the purchaser’s failure to comply with the provisions of section 44 of the Personal Property Law. The purchaser, who had no actual knowledge of any creditors, inquired of the seller concerning their…