From Casetext: Smarter Legal Research

Matter of Fellman

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1938
255 App. Div. 792 (N.Y. App. Div. 1938)

Opinion

October 14, 1938.


Order granting a summary application of an assignee for the benefit of creditors to compel the restoring of certain property to the assignee reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Assuming that the assignee was aggrieved, she was not entitled, under the circumstances, to the benefit of a summary order. Adequate redress was available to her under section 68 of the Municipal Court Code in the action under which the claimed wrongful replevy had been made. Moreover, it may be that she did not have actual possession of the property seized under the facts herein disclosed. ( Bullis v. Montgomery, 50 N.Y. 352.) Hagarty, Carswell, Davis and Adel, JJ., concur; Lazansky, P.J., concurs in result.


Summaries of

Matter of Fellman

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1938
255 App. Div. 792 (N.Y. App. Div. 1938)
Case details for

Matter of Fellman

Case Details

Full title:In the Matter of the General Assignment for the Benefit of Creditors of…

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

Date published: Oct 14, 1938

Citations

255 App. Div. 792 (N.Y. App. Div. 1938)