Opinion
March 16, 1998
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff's first cause of action is not barred by the six-month Statute of Limitations applicable to this bulk transfer dispute ( see, UCC 6-111). The complete failure of the defendant transferee Gar Sing Restaurant, Inc., d/b/a Island Taste Restaurant to comply with the notice provisions of article 6 of the Uniform Commercial Code ( see, UCC 6-104 [1]; 6-105) was tantamount to a "concealment" of a transfer of assets within the meaning of UCC 6-111 ( see, E. J. Trum, Inc. v. Blanchard Parfums, 33 A.D.2d 689; Cleaners Prods. Supply v. Garcia, 169 Misc.2d 418).
Since the plaintiff commenced the instant action within six months of its discovery of the concealed transfer, the plaintiff's action was timely commenced against the defendant transferee.
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.