In re Parkway Knitting Mills, 285.
| Decision Date | 12 May 1941 |
| Docket Number | No. 285.,285. |
| Parties | In re PARKWAY KNITTING MILLS, Inc. |
| Court | U.S. Court of Appeals — Second Circuit |
Abraham Buchman, of New York City, for appellant.
Furst, Schwartz, Schwager & Landau, of Brooklyn, N. Y. (H. Sidney Landau and Hamilton Lieb, both of Brooklyn, N. Y., of counsel), for appellee.
Before SWAN, CHASE, and CLARK, Circuit Judges.
The question presented by this appeal is the validity of a lien asserted by the appellant, Elstelnat Holding Corporation, by virtue of a chattel mortgage covering chattels of the bankrupt. It turns on whether the local statute as to refiling was complied with. The mortgage was executed and delivered to the appellant on June 19, 1939, and a copy thereof was duly filed in the office of the Registrar of Kings County, New York, the following day. On May 21, 1940, a copy of the mortgage was refiled in the same office with a renewal statement which set forth simply the name of the mortgagee and the balance of the mortgage indebtedness remaining due and unpaid. Thereafter the mortgagor was adjudicated bankrupt upon its voluntary petition. The appellant then moved for an order directing the trustee in bankruptcy to sell the chattels and pay to it out of the proceeds the sum remaining due, namely, $750.73. The trustee replied that the mortgage was void because not properly refiled. The referee so held, dismissing the appellant's petition. This order the district court confirmed.
Section 235 of the Lien Law of New York, Consol.Laws c. 33, provides as follows:
It is obvious that the refiling failed to comply with subdivision (1) of section 235 in that the renewal statement did not give "the time when and place where filed." Strict compliance with the statute...
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