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GREENE v. ELLIS

No. 67 Civ. 3120.

335 F.Supp. 981 (1971)

Harvey M. GREENE, as trustee in bankruptcy of the Estate of Elkove Delicatessen & Restaurant Corp., bankrupt, Plaintiff, v. Ernest J. ELLIS and The County Trust Company, Defendants.

United States District Court, S. D. New York.

August 18, 1971.

Attorney(s) appearing for the Case

Benjamin Leibowitz & Myer Leibowitz, New York City, for plaintiff; Benjamin Leibowitz, New York City, of counsel.

Dulman & Geller, Yonkers, N. Y., for defendant Ernest J. Ellis; Seymour A. Geller, Yonkers, N. Y., of counsel.

OPINION

COOPER, District Judge.

This action is brought by a trustee in bankruptcy to set aside a chattel mortgage as in fraud of creditors, to recover the amount collected thereunder and to preserve the lien of the mortgage for the benefit of the estate. Jurisdiction is conferred by 11 U.S.C. § 11 et seq. Judgment for the plaintiff in the amount of $31,468.48. This opinion1 constitutes our findings of fact and conclusions...

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