STERNBERG v. RUBENSTEIN


279 A.D. 30 (1951)

Louis Sternberg, as Trustee in Bankruptcy of Harold B. Fink, Doing Business under the Name of Delaware Bootery, Appellant, v. Jack Rubenstein, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1951.


Attorney(s) appearing for the Case

Donald S. Day for appellant.

Victor Levine and Benjamin M. Gingold for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


Per Curiam.

The ordinary course of trade and business of the bankrupt was the sale of shoes at retail. We think the sale of 1,294 pairs of shoes which represented at least one sixth of his stock on hand, in money value, constituted a sale "in bulk", "otherwise than in the ordinary course of trade and in the regular prosecution of said business" within the language and intent of section 44 of the Personal Property Law...

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