From Casetext: Smarter Legal Research

Apex Leasing Company v. Litke

Court of Appeals of the State of New York
Dec 10, 1918
225 N.Y. 625 (N.Y. 1918)
Download
PDF
Check
Treatment

Summary

In Apex Leasing the New York Court of Appeals held that a landlord was not a creditor under the Bulk Sales Act where the tenant had not defaulted in paying rent until after the tenant had transferred all of its assets.

Summary of this case from Sunrise Indus. Joint Vent. v. Ditric Opt.
See 2 Summaries

Opinion

Argued November 20, 1918

Decided December 10, 1918

Walter H. Bond for appellant.

Arthur Furber and Henry H. Glass for respondent.

Judgment affirmed, with costs; no opinion.

Concur: HISCOCK, Ch. J., COLLIN, CUDDEBACK, CARDOZO, POUND, CRANE and ANDREWS, JJ.

Summaries of

Apex Leasing Company v. Litke

Court of Appeals of the State of New York
Dec 10, 1918
225 N.Y. 625 (N.Y. 1918)

In Apex Leasing the New York Court of Appeals held that a landlord was not a creditor under the Bulk Sales Act where the tenant had not defaulted in paying rent until after the tenant had transferred all of its assets.

Summary of this case from Sunrise Indus. Joint Vent. v. Ditric Opt.

construing New York Bulk Sales Act's similar provisions excluding future contingent claims to bar a claimant from seeking relief under the Act for future unpaid rents

Summary of this case from Jakiel v. Impresa Aerospace, LLC
Case details for

Apex Leasing Company v. Litke

Case Details

Full title:APEX LEASING COMPANY, INCORPORATED, Appellant, v . SAMUEL LITKE…

Court:Court of Appeals of the State of New York

Date published: Dec 10, 1918

Citations

225 N.Y. 625 (N.Y. 1918)
121 N.E. 853

Citing Cases

Trust Co. of Chicago v. Fargeson

As passed in its present form, it has been held to include judgment creditors, secured creditors, and…

Sunrise Indus. Joint Vent. v. Ditric Opt.

According to Signal, under New York law Article 6 does not apply to those who become creditors after the…

12 Citing Cases