XEROX CORP. v. SMITH


67 Misc.2d 752 (1971)

Xerox Corporation, Plaintiff, v. Philip Smith et al., Defendants.

Civil Court of the City of New York, New York County.

October 7, 1971


Attorney(s) appearing for the Case

Blum & Susman (Warren I. Susman of counsel), for plaintiff. Smith Panish & Getlan for defendant.


RICHARD W. WALLACH, J.

Whether the presence of an option to purchase could bring about the metamorphosis of an equipment lease into a conditional sale agreement is the question presented by plaintiff's motion for summary judgment in this replevin action.

An equipment lease agreement between plaintiff and Hartwest Productions, Inc., covering a 914 copier, contained an option provision entitling Hartwest as lessor to purchase the machine for a fixed...

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