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STANTON MOTOR CORP. v. ROSETTI

11 A.D.2d 296 (1960)

Stanton Motor Corporation, Appellant, v. Thomas E. Rosetti, Individually and as Property Clerk of The Police Department of the City of New York, Defendant Fleetwood Auto Sales, Respondent, v. Thomas E. Rosetti, Individually and as Property Clerk of The Police Department of the City of New York, Defendant

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

July 27, 1960.

Attorney(s) appearing for the Case

Henry Temes for appellant.

Newberg & Sakofsky (Benjamin Newberg of counsel), for respondent.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.

COON, J.

The automobile which is the subject of this controversy was picked up by the New York City Police as an alleged stolen car and is in the hands of the defendant as Property Clerk of the Police Department as a mere stakeholder. The question in the case is whether Stanton Motor Corporation (herein called Stanton), or Fleetwood Auto Sales (herein called Fleetwood), has legal title to the automobile. The...

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