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CEDAR RAPIDS ENG. CO. v. HAENELT

39 A.D.2d 275 (1972)

Cedar Rapids Engineering Co., Appellant, v. William Haenelt, Doing Business as G & H Engineering, Respondent

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

June 29, 1972.

Attorney(s) appearing for the Case

Wiess & Costa (Lawrence E. Lagarenne of counsel), for appellant.

Goldstein & Goldstein (Benjamin M. Goldstein of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, John Q. Driscoll and Jean M. Coon of counsel), in his statutory capacity under section 71 of the Executive Law.

HERLIHY, P. J., SIMONS and KANE, JJ., concur; STALEY, JR., J., not voting.

SWEENEY, J.

This is an appeal from an order of the Supreme Court at Special Term, entered December 15, 1971 in Sullivan County, which vacated an order of replevin.

Respondent is in the business of custom engine remanufacturing. In connection with his business he purchased machinery and equipment from appellant costing in excess of $62,000, including interest and financing charges, under two security...

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