GAINES SERV v. CARMEL


105 Misc.2d 694 (1980)

Gaines Service Leasing Corp., Plaintiff, v. Carmel Plastic Corp. et al., Defendants.

Civil Court of the City of New York, Trial Term, Kings County.

August 4, 1980.


Attorney(s) appearing for the Case

B. Resnick and Bob Judge for Sam C. Carmel, defendant. Krongold & Eisenberg (Harvey Jasper of counsel), for plaintiff.


BERNARD FUCHS, J.

On March 25, 1980, plaintiff sold and delivered a Dodge van to defendant Carmel Plastic Corp. Defendant Sam C. Carmel acted, as he did throughout, for the corporation. A $500 deposit had been paid and the $4,360 balance of the price was due on delivery. Plaintiff claims the balance was never paid and sues to recover it.

A verdict of $4,360 was returned against each defendant. Under the jury's instructions, the verdict against...

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