Phœnix Indemnity Co. v. Alpine Cream Co.

Plaintiff creditor has no right of action for personal judgment against the transferee of the property under the Bulk Sales Law (Pers. Prop. Law, § 44) for the debt in suit due from the transferor. Its remedy is a creditor’s action against transferee. (Klein v. Maravelas, 89 Misc. 466.)

Order reversed, with ten dollars costs, motion granted, and complaint dismissed without prejudice to appropriate action.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.