Legal Opinion

In re the General Assignment for the Benefit of Creditors of Gruber

New York County Courts

Decided November 25, 1957Published

1Opinion of the CourtCybil J. Brows-, J.

This is a motion for an order directing that the assignee for the benefit of creditors turn over certain equipment and merchandise or the reasonable value thereof to the holder of a chattel mortgage allegedly covering said property. The assignee opposes the motion claiming that the chattel mortgage is void and unenforcible as a lien against the estate by reason of the fact that the provisions of section 230-a of the Lien Law were not complied with at the time the mortgage was executed.

On August 13, 1956 Raymond’s Juvenile Furniture, Inc., the owner of a retail toy business, sold its business…

2Cases cited3 opinions

  1. Apex Leasing Co. v. LitkeAppellate Division of the Supreme Court of the State of New York · 1916
  2. In re WeinsteinDistrict Court, W.D. New York · 1941
  3. McHenry v. HeiderichNew York Supreme Court · 1929

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