RAND'S DISC. v. UNIVERSAL CREDIT CORP.


10 A.D.2d 240 (1960)

Rand's Discount Company, Plaintiff, v. Universal C. I. T. Credit Corporation, Defendant

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

March 22, 1960.


Attorney(s) appearing for the Case

Isidore A. Seltzer of counsel (Jerome B. Sherman and Stanley R. Lemler with him on the brief; Sonnenschein & Sherman, attorneys), for plaintiff.

Homer Kripke of counsel (Andrew F. Newell and Carl Felsenfeld with him on the brief), for defendant.

M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.


RABIN, J. P.

This is the submission of a controversy, pursuant to sections 546-548 of the Civil Practice Act, which raises the question as to whether priority as to 10 automobiles, held by a used car dealer for resale, should be accorded to the conditional sales vendor thereof (defendant), whose contract was not recorded, or to the holder of filed chattel mortgages thereon (plaintiff).

As appears from...

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