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ATMANCHUCK v. STERLING FOREST CORP.

35 Misc.2d 424 (1962)

Frank Atmanchuck, Doing Business as Frank's Marine Service, Appellant, v. Sterling Forest Corporation, Respondent.

Supreme Court, Appellate Term, First Department.

June 7, 1962

Attorney(s) appearing for the Case

Harry D. Graham for appellant. Davis, Polk, Wardell, Sunderland & Kiendl (Roland W. Donnem of counsel), for respondent.

Concur — HECHT, J. P., HOFSTADTER and TILZER, JJ.

Per Curiam.

Though the agreement for the sale of the hoisting unit and the agreement for the pumping unit, which provided both for its rental and for an option for its purchase were within section 85 of the Personal Property Law (see R & L Co. v. Metz, 175 App. Div. 276, affd. 219 N.Y. 556) there was nevertheless sufficient evidence to establish prima facie acceptance and actual receipt of the goods by...

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