Legal Opinion
In Re Gondola Associates, Inc.
District Court, E.D. New York
Decided June 22, 1955No. 51836PublishedCited by 4 opinions
1Opinion of the Court
BYERS, District Judge.
This is a petition to review the decision of a referee in bankruptcy which upholds the trustee in his ápplieation to have declared invalid a chattel mortgage given by the bankrupt on February 24, 1953 which was not filed until June 9, 1953.
The decision is:(a) That filing was not had within the reasonable time ordained by Section 230 of the New York Lien Law, McK. Consol. 'Laws N.Y. c. 33. The decisions cited sustain that view.(b) That the trustee must succeed even though there is no showing that there were creditors of the bankrupt who could have attacked the mortgage on…
2Cases cited2 opinions
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- Sanford v. BolandNew York Court of Appeals · 1942
3Cited by4 opinions
- Schueler v. WeintrobMichigan Supreme Court · 1960
- In Re American Textile Printers Co.District Court, D. New Jersey · 1957
- In Re BillingsDistrict Court, W.D. Missouri · 1959
- In re P.T.G. Grain ServiceDistrict Court, D. Minnesota · 1960