Golin v. Florence Trading Corp.

FRANK, Circuit Judge.

The question presented by this appeal is whether a summary proceeding may be maintained by the trustee in bankruptcy of G. E. Grober Elevators, or whether he must resort to a plenary suit. The respondent, in 1939, loaned G. E. Inc., a sum of money, taking in return notes secured by a chattel mortgage. The mortgage was properly filed on June 8, 1939, but upon refiling it on June 7, 1940, the respondent failed to comply with the requirements of § 235 of the New York Lien Law, Consol. Laws c. 33. This defect rendered the mortgage void *432as to creditors. See In re Parkway…