Appellate Division of the Supreme Court of New York, 1942

Buster Boy Suit Co. v. Geller

Buster Boy Suit Co. v. Geller
Appellate Division of the Supreme Court of New York · Decided December 30, 1942
265 A.D. 965; 38 N.Y.S.2d 982; 1942 N.Y. App. Div. LEXIS 6770
Buster Boy Suit Co. v. Geller

Opinion of the Court

It was proper to deny the motion because the defense may stand for what it is worth. It would appear that the proof may show that section 234, Debtor and Creditor Law (Cons. Laws, eh. 12), is applicable. The adequacy of the separate defense, *966therefore, whether complete or partial, will have to be tested in the light of the proof adduced. Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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