First National Bank of Oregon v. Goldstein

Full title: FIRST NATIONAL BANK OF OREGON, Respondent, v. BURTON GOLDSTEIN, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 1969

32 A.D.2d 925 (N.Y. App. Div. 1969)

302 N.Y.S.2d 352

Opinion

July 2, 1969

Judgment of the Supreme Court, Nassau County, entered March 27, 1968, affirmed, with $10 costs and disbursements. It appears from the record that the levy under the order of attachment obtained by appellant was made within four months of the date that his employer, an Oregon corporation, was adjudged a bankrupt. Accordingly, any lien created thereby against the corporation is deemed to be null and void because it constitutes an act of bankruptcy (Bankruptcy Act, § 67, subd. [a], par. [1]; U.S. Code, tit. 11, § 107, subd. [a], par. [1]; see Collier, Bankruptcy Manual [2d ed.], § 3.03). Christ, Acting P.J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.