R.J.B. Contr. v. Coffin Adams Enter., No. Cv 90-0441969s (Nov. 8, 1991)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DATED MAY 20, 1991, PLAINTIFF'S OBJECTION THERETO, AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT DATED AUGUST 27, 1991 There are the following genuine issues of fact:

-Whether defendant is an enterprise within the meaning of the Bulk Transfer Act.

-Whether the value of the property transferred was greater than its secured debt to CBT.

-Whether the defendant failed to comply with the Bulk Transfer Act.

-Whether the defendant is estopped by the doctrine of unclean hands from alleging that plaintiff failed to levy on defendant's assets in a timely fashion.

Accordingly, defendant's motion for summary judgment is denied, plaintiff's object thereto is sustained, and plaintiff's cross-motion for summary judgment is denied.

FRANCES ALLEN SENIOR JUDGE CT Page 9607