FLATBUSH AUTO DISC. CORP. v. McCARTHY-BERNHARDT BUICK, INC.


9 N.Y.2d 776 (1961)

Flatbush Auto Discount Corp., Appellant, v. McCarthy-Bernhardt Buick, Inc., Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1961.


Attorney(s) appearing for the Case

Jay F. Gordon and George Natanson for appellant.

Morris Shapiro for respondent.

Melbourne Bergerman, James C. Sargent and Carl Felsenfeld for Universal C. I. T. Credit Corporation, amicus curiæ.

Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur in Per Curiam opinion; Chief Judge DESMOND dissents and votes to affirm upon the ground that, as held by the Appellate Division in its opinion, the issue was one of fact.


Per Curiam.

The courts below have determined that a question of fact existed as to the nature of the transaction, involving a promissory note and chattel mortgage, and have resolved that question in favor of respondent, holding that the transaction was a direct loan to the buyer of an automobile. In our view, however, the undisputed evidence demonstrates as a matter of law that the transaction involved nothing more...

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