158 N.Y.S. 21 | N.Y. Sup. Ct. | 1916
Plaintiff seeks to hold the defendant Litke Stores, Inc., accountable for certain property purchased by it from the defendant Samuel Litke, in alleged violation of section 44 of the Personal Property Law (Laws of 1914, chap. 507) containing what is known as the Bulk Sales Law of this state. . The facts were stipulated at the trial. Briefly, the material facts are as follows: On September 10, 1913, Samuel Litke leased from the plaintiff a store on Sixth avenue for five years from October 1, 1913, at $5,000 per annum, payable in equal monthly installments in advance. Upon the execution of the lease Litke deposited the amount of one month’s rent as part security for his performance of the conditions of the lease. The lease provided for the right of the plaintiff, in case the tenant defaulted in payment of rent, to eject him, relet the premises, and recover from the’ tenant the difference between the rent reserved in the lease and the rent, if any, obtained on a release. Litke entered the premises under the lease and conducted a business in ladies’ garments. On December 1, 1914, and for some time prior thereto, Litke operated another store on Grand street. About December 1,1914, the defendant Litke Stores, Inc., was organized, of which Sadie Weiserbs, Litke’s sister-in-law, is president, and Regina Litke, his wife, treasurer. On December 3, 1914, Litke sold the business conducted by him on Grand street, including all the stock in trade and fixtures, to Litke Stores, Inc., for $2,000. At the time of the sale Litke Stores, Inc., gave no notice to the plaintiff. On December 1,1914, Litke did not pay the Sixth avenue rent, then due, and on December 22, 1914, was duly dispossessed. On February 18, 1915, the December rent was paid by applying the sum deposited as part security aforementioned under the lease. After Litke’s dispossession, the plaintiff re-entered and en
Judgment accordingly.