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ITOH v. KIMI SALES

74 Misc.2d 402 (1973)

Kenzo Itoh, Plaintiff, v. Kimi Sales, Ltd., Defendant and Third-Party Plaintiff. Milton Lander, Doing Business as I. Belenson and Co., Third-Party Defendant.

Civil Court of the City of New York, Special Term, Queens County.

June 19, 1973

Attorney(s) appearing for the Case

Benjamin Nadel and Norman Nadel for plaintiff. Frank R. McGlynn for defendant and third-party plaintiff. Henry L. Zweil for third-party defendant.

CHARLES H. COHEN, J.

On or about May 15, 1970 plaintiff purchased from Kimi Sales, Ltd. ("Kimi"), the defendant and third-party plaintiff, for the sum of $2,173, a certain automobile which turned out to have been stolen and was picked up by the police from plaintiff on May 29, 1972. Kimi had purchased this automobile at a public auction conducted by Lander, the third-party defendant, who was a licensed auctioneer.

Plaintiff sues Kimi for damages...

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