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11 Misc. 2d 486

Minkoff v. Lionell

Appellate Terms of the Supreme Court of New York · decided 1958-02-06

Cited by 1 later decisions — most recently November 1959

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1958-02-06

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Per C'uHam.

¶1The evidence establishes that the defendant, an officer of the corporation, received payment from the insolvent corporation with knowledge of its insolvency. As such payment was prohibited by section 1-5 of the Stock Corporation Law, the plaintiff, a creditor of the corporation, could recover *487against the defendant even, though its claim was not reduced' to judgment at the time of the wrongful payment.

¶2The judgment should be reversed and a new trial ordered, with $30 costs.

¶3Hecht, J. P., Aurelio and Tilzer, JJ., concur.

¶4Judgment reversed, etc.

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