DEALER PLAN CORP. v. AUTO. WHOLESALERS


9 Misc.2d 1052 (1957)

Dealer Plan Corp., Appellant, v. Automotive Wholesalers, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

June 27, 1957.


Attorney(s) appearing for the Case

Philip F. Schneider for appellant.

David G. Fusfeld and Harold W. Schulkind for respondent.

STEUER and TILZER, JJ., concur.


HOFSTADTER, J.

The plaintiff, as assignee of a conditional sales contract for the sale of an automobile, claiming a default, sues to recover possession of the automobile. Prior to default the conditional vendee, who was also the registered owner of the car, had it repaired at the automobile repair shop of one Marcus, and paid only part of the repair bill. Thereafter Marcus, who claimed a lien for the balance of his repair bill, by formal instrument, assigned...

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