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GENAUER v. BAC CORP.

276 A.D. 589 (1950)

Terry Genauer et al., Respondents, v. Bac Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1950.

Attorney(s) appearing for the Case

Harold A. Lipton of counsel (Booth, Lipton & Lipton, attorneys), for appellant.

Joseph Schwartzman for respondents.

PECK, P. J., COHN and VAN VOORHIS, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm, in opinion in which CALLAHAN, J., concurs.

Per Curiam.

It was formerly held that, where goods sold under contract of conditional sale have been repossessed by legal process, they are in custodia legis pending determination of the action, and that the period of time within which they are to be retained or sold by the conditional vendor commences to run upon the entry of judgment (Spitaleri v. Brown, 163 App. Div. 644; Sigal v. Hatch Co., 61 Misc. 332). These decisions were overruled...

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