PEO v. KENNEDY


16 A.D.2d 306 (1962)

Ralph F. Peo, Doing Business as South Park Lincoln-Mercury Sales, Respondent, v. Paul J. Kennedy, Appellant

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

May 10, 1962.


Attorney(s) appearing for the Case

Phillips, Mahoney, Lytle, Yorkey & Letchworth (Charles Ryan Desmond of counsel, David K. Floyd with him on the brief), for respondent.

Honan, Kane & McLoughlin (James J. McLoughlin of counsel), for appellant.

WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and HENRY, JJ., concur.


Per Curiam.

Summary judgment was granted plaintiff, assignee of the alleged seller of an automobile to defendant under a conditional sales contract. The complaint alleges a conventional action for a balance due upon the contract. The original transaction was between defendant, an automobile salesman, and his employer, a dealer. The answer sets up as an affirmative defense an oral agreement between defendant and his...

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