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BIENER CONTR. v. ELBERON REST. CORP.

7 A.D.2d 391 (1959)

Biener Contracting Corp., Appellant, v. Elberon Restaurant Corp. et al., Defendants, and Morris Wishnetzky, Respondent

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

March 24, 1959.

Attorney(s) appearing for the Case

Harry Lesser of counsel (Samuel Lesser with him on the brief; Lesser & Lesser, attorneys), for appellant.

Allan Rubin of counsel (Isidore A. Seltzer with him on the brief; Allan Rubin, attorney), for respondent.

BREITEL, J. P., RABIN, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

In this action plaintiff seeks to recover from defendant Morris Wishnetzky, an unpaid balance on certain fixtures sold by plaintiff to defendant Elberon Restaurant Corp., under a conditional sales agreement. Wishnetzky was the holder of a chattel mortgage on other fixtures in Elberon's Restaurant. Elberon being in default in its payments to both plaintiff and Wishnetzky, the latter allegedly proposed that...

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