Rosof v. Roth

WEINFELD, District Judge.

Plaintiff-trustee instituted this action to-avoid and to recover an alleged preference paid to the defendant by the bankrupt within four months of the filing of the petition in bankruptcy. Section 60, subs, a and1 b, of the Bankruptcy Act, 11 U.S.C.A. § 96,. subs, a and b.

The trustee of the bankrupt estate-now moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. To succeed on this motion, he must establish that “there is no genuine issue as to any material fact,” as to which he has the burden-of proof. In the instant case…