Legal Opinion

Cosmopolitan Equities, Inc. v. Pacific Seafarers, Inc.

New York Supreme Court

Decided December 12, 1963PublishedCited by 1 opinion

1Opinion of the CourtSidney A. Fine, J.

This is a motion for the appointment of a receiver of a vessel sold by defendant, Cambridge Carriers, Inc., to the codefendant, Pacific Seafarers, Inc., on the ground that the sale violated section 44 of the Personal Property Law.

Defendants claim that the vessel was outside the State of New York at the time of the sale and that the sale was consummated outside the State. No attempt is made, however, to state where the vessel was at the time or where the sale was consummated. No documentary or other evidence is submitted in support of defendants’ bare assertions. Even if they be true, there is…

2Cases cited4 opinions

  1. Auten v. AutenNew York Court of Appeals · 1954
  2. Ben Bimberg & Co. v. Unity Coat & Apron Co.New York Supreme Court · 1934
  3. Sapphire Corp. v. American Mercury Magazine, Inc.New York Supreme Court · 1955
  4. Maley v. BlakeneyNew York Supreme Court · 1945

3Cited by1 opinion

  1. Myron P. Gordon, as Trustee in Bankruptcy of Motel City, Inc., Bankrupt v. Motel City 'B' AssociatesCourt of Appeals for the Second Circuit · 1968

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