APPLIANCE BUYERS CREDIT v. KRAMSDORF


38 Misc.2d 951 (1963)

Appliance Buyers Credit Corporation, Appellant, v. Morris R. Kramsdorf, Doing Business as Bob's Luncheonette, Respondent.

Supreme Court, Appellate Term, First Department.

January 31, 1963


Attorney(s) appearing for the Case

Abelson & Abelson (Richard Abelson of counsel), for appellant. M. Jay Meckler and Dominick A. Lombardi for respondent.

Concur — GOLD, J. P., CAPOZZOLI and TILZER, JJ.


Per Curiam.

Neither the bringing of an action by the seller for the recovery of the whole or any part of the purchase price under a conditional sales contract, nor the recovery of judgment in such action nor the collection of a portion of the price, shall be deemed inconsistent with a later retaking of the goods as provided in section 76 of the Personal Property Law. However, such right of retaking shall not be exercised...

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