Phœnix Indemnity Co. v. Alpine Cream Co.
151 Misc. 447 | N.Y. App. Term. | 1934
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.
