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REGENT DISC. CORP. v. ORTIZ

32 Misc.2d 431 (1961)

Regent Discount Corp., Respondent, v. Ramon L. Ortiz, Appellant.

Supreme Court, Appellate Term, First Department.

February 9, 1961

Attorney(s) appearing for the Case

Mary B. Tarcher and David L. Tecklin for appellant. Shultz & Shultz (Irving Shultz of counsel), for respondent.

AURELIO and TILZER, JJ., concur; HECHT, J. P., dissents in opinion.

Per Curiam.

The circumstances herein show a retaking of the television set by virtue of the conditional sales contract, making operative the provisions of the Personal Property Law, and not an acquisition by reason of a new agreement superseding such sales contract. The retaining of the set since August, 1958, without exercising the privilege of resale releases the purchaser from further liability under the sales...

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