Legal Opinion
Century Factors v. Everything New, Inc.
Civil Court of the City of New York
Decided November 17, 1983PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lewis R. Friedman, J.
This case presents a novel question: does the Civil Court have jurisdiction to compel a judgment creditor to turn over money to an assignee for the benefit of creditors of the debtor where the funds were obtained by execution on a Civil Court judgment rendered after the assignment? There are also several unusual issues concerning the application of the Debtor and Creditor Law.
The facts are not in dispute. On December 14, 1982, the defendant here, Everything New, Inc., filed an assignment for the benefit of creditors, under article 2 of the Debtor and…
2Cases cited18 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Aspen Industries, Inc. v. Marine Midland BankNew York Court of Appeals · 1981
- Brennan v. . WillsonNew York Court of Appeals · 1877
- In Re the General Assignment for the Benefit of Creditors of Pavone Textile Corp.New York Court of Appeals · 1951
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3Cited by2 opinions
- Mason Tenders District Council Welfare Fund v. Logic Construction Corp.District Court, S.D. New York · 1998
- In re Carl R. Cacioppo Electrical Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1999