MATTER OF MERKEL, INC.


25 A.D.2d 764 (1966)

In the Matter of Merkel, Inc., Assignor. Sol Feder, Respondent; Monarch Marking System Company, Appellant

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

April 11, 1966


Order reversed, on the law and the facts, without costs; application granted; and the assignee is directed to turn over the machinery to appellant not later than 20 days after entry of the order hereon.

The agreement to "lease" the machinery to the assignor was made on November 29, 1961 for a five-year period at a total rental of $9,120, payable $912 semiannually. It gave the assignor an option to purchase the machinery at the end of the five-year period for an additional...

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