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TUMARKIN v. FIRST NATIONAL STATE BANK OF N.J.

142 N.J. Super. 304 (1976)

361 A.2d 550

ALLAN L. TUMARKIN, AS ASSIGNEE FOR THE BENEFIT OF CREDITORS OF SCIENTIFIC RESTAURANT MANAGEMENT CORP., A CORPORATION, PLAINTIFF-RESPONDENT, v. FIRST NATIONAL STATE BANK OF NEW JERSEY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Mr. Alan D. Wiener argued the cause for appellant (Messrs. Raff and Scheider, attorneys).

Mr. Allan L. Tumarkin, assignee and attorney pro se, argued the cause for respondent.

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

The opinion of the court was delivered by KOLOVSKY, P.J.A.D.

On October 18, 1971 Scientific Restaurant Management Corp. (Scientific), a corporation which admittedly was then insolvent, assigned and transferred all its property to plaintiff in trust for the benefit of its creditors. See N.J.S.A. 2A:19-1 et seq. At the same time D.P.D. Inc., Scientific's wholly owned subsidiary, also executed an assignment...

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