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FIRST NATIONAL BANK OREGON v. BURTON GOLDSTEIN (07/02/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


July 2, 1969

FIRST NATIONAL BANK OF OREGON, RESPONDENT,
v.
BURTON GOLDSTEIN, APPELLANT

Judgment of the Supreme Court, Nassau County, entered March 27, 1968, affirmed, with $10 costs and disbursements.

Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.

It appears from the record that the levy under the order of attachment obtained by appellant was made within four months of the date that his employer, an Oregon corporation, was adjudged a bankrupt. Accordingly, any lien created thereby against the corporation is deemed to be null and void because it constitutes an act of bankruptcy (Bankruptcy Act, § 67, subd. [a], par. [1]; U. S. Code, tit. 11, § 107, subd. [a], par. [1]; see Collier, Bankruptcy Manual [2d ed.], § 3.03).

19690702

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