Opinion
November, 1931.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Thompson, JJ.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that this action being one by a judgment creditor of the corporation to recover from a director of the corporation under the provisions of section 15 of the Stock Corporation Law, is not an action entitled to a preference under the general provisions of section 138 of the Civil Practice Act, and is not entitled to a preference under subdivision 1 of rule 8 of the Rules of the Supreme Court in the Eighth Judicial District, for the reason that it is not an action "upon a debt or liquidated claim upon a bond or other obligation for the payment of a specific [specified] sum of money." All concur.
Amd. by Laws of 1929, chap. 653. — [REP.
Applicable to Erie county. — [REP.