Majority
p. 586Seth Marrus, Doing Business as Superior Duck Clothing Company, Appellant, v. Fairy Towel Supply Corporation, Respondent.
Action to set aside the sale of a business to defendant for its failure to comply with section 44 of the Personal Property Law, commonly known as the Bulk Sales Act. Order denying plaintiff’s motion for summary judgment unanimously affirmed, with twenty dollars costs and disbursements, on the ground that triable issues of fact are involved. Present — Martin, P. J., MeAvoy, O’Malley, Townley and Glennon, JJ.