In re the General Assignment for the Benefit of Creditors of Levy
New York Supreme Court
1Opinion of the CourtJames S. Brown, J.
Motion by assignee to declare a chattel mortgage null and void as against him because of late filing, The chattel mortgage was executed on October 25, 1954 and was filed on April 10, 1956, about 18 months after the execution and delivery of said chattel mortgage by the assignor to *597the chattel mortgagee. The chattel mortgagor assigned for the benefit of creditors on September 12, 1957.
Under section 230 of the Lien Law, this chattel mortgage should have been filed within a reasonable time. The failure to do so makes it void as against the creditors of the mortgagor. It is conceded that 18…
2Cases cited2 opinions
- In Re the Assignment for the Benefit of Creditors of Brown Bomber Baking Co.New York Court of Appeals · 1944
- Stich v. PirklNew York Supreme Court · 1917