Opinion
March 15, 1934.
Appeal from the Municipal Court of City of New York, Borough of Manhattan, Third District.
Herman W. Bernstein, for the appellant.
Julius Alan Weiss, for the respondent.
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.