ASSOC. DISC. CORP. v. HUNT


23 A.D.2d 110 (1965)

Associates Discount Corporation, Appellant-Respondent, v. Theodore Hunt et al., Defendants; Jerome H. Kent, Respondent, and Lockwood Motors, Inc., Defendant and Third-Party Plaintiff-Respondent-Appellant. King Cadillac-Oldsmobile, Inc., Third-Party Defendant-Respondent

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

May 4, 1965.


Attorney(s) appearing for the Case

Samuel Schwartz of counsel (Rood & Schwartz, attorneys), for appellant-respondent.

Jacob E. Heller of counsel (Sidney Glasser, attorney), for Jerome H. Kent, respondent.

Bernard G. Gordon for Lockwood Motors, Inc., respondent-appellant.

Robert Siegel of counsel (Gordon, Gordon & Siegel, attorneys), for King Cadillac-Oldsmobile, Inc., respondent.

RABIN, J. P., McNALLY and STEVENS, JJ., concur with STEUER, J.; VALENTE, J., concurs on constraint of Associates Discount Corp. v. Davis Motor Sales (275 App. Div. 745).


STEUER, J.

On August 8, 1962, King Cadillac-Oldsmobile, Inc., (herein King) sold an automobile to one Hunt, named as a defendant but not served in the action. Hunt executed a conditional sales contract with the usual provisions that title was to remain in the seller until all installments were paid. King assigned this contract to plaintiff. Plaintiff filed the contract in the office of the Town Clerk of Niskayuna...

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