Weintraub v. Kahn

Defendants move, pursuant to rule 107 of the Rules of Civil Practice, for dismissal of the complaint, upon the ground that plaintiff has not legal capacity to sue.

In a first cause of action plaintiff sues upon a claimed violation of the Bulk Sales Act (Personal Property Law, § 44). The allegation that the sale was consummated must be deemed to be true. Some time thereafter the seller made an assignment for the benefit of creditors. Defendants contend that the cause of action belongs to the assignee (Debtor and Creditor Law, § 15, subd. 6, as amd. by L. 1950, ch. 758, eff. Sept. 1, 1950).…