AVIS-RENT-A-CAR SYST. v. FRANKLIN


76 Misc.2d 310 (1973)

Avis-Rent-a-Car System, Inc., Plaintiff, v. Joan Franklin, Also Known as Joan F. Mosley, Defendant.

Civil Court of the City of New York, Trial Part, Queens County.

December 12, 1973


Attorney(s) appearing for the Case

Herbert Epstein for plaintiff. Joan Franklin, defendant in person.


NAT H. HENTEL, J.

At issue in this nonjury trial is whether the basic agreement between plaintiff and defendant is merely a lease of a 1971 Cadillac automobile; or, by virtue of paragraph 4 of the addendum to the lease agreement (which granted defendant an option to purchase the vehicle after 26 months), has it been converted into a lease coupled with a security interest within the purview of subdivision (3...

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