CONTI v. HENKEL


60 A.D.2d 678 (1977)

Anthony Conti, Respondent, v. Irene A. Henkel, Appellant

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

December 8, 1977


This action was commenced by plaintiff to recover a chattel, to wit, a 1971 Lincoln automobile. Although the facts were in dispute the court concluded that, contrary to defendant's contention, there was never any gift of the Lincoln by plaintiff to defendant. The court found that plaintiff had sustained his burden of proving his superior right to the possession of the automobile. Due to the fact that defendant was no longer in physical possession of the vehicle the court...

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