Goldstein v. McCormack Motor Sales, Inc.

Appellate Division of the Supreme Court of New York

Goldstein v. McCormack Motor Sales, Inc.

41 A.D.2d 556, 339 N.Y.S.2d 741, 1973 N.Y. App. Div. LEXIS 5264

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1973

StatusPublished

This text of 41 A.D.2d 556 (Goldstein v. McCormack Motor Sales, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goldstein v. McCormack Motor Sales, Inc., 41 A.D.2d 556, 339 N.Y.S.2d 741, 1973 N.Y. App. Div. LEXIS 5264 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action for money had and received, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated May 24, 1972, which granted plaintiff’s motion for summary judgment in part, to the extent of $5,800, and severed the balance of plaintiff’s claim, and (2) from a judgment of the same court purportedly entered June 5, 1972 pursuant to said order. Appeal from judgment dismissed, without costs and without prejudice to such motion as appellant may be advised to make at Special Term with respect to the judgment. No judgment was included in the record on appeal. Order reversed, without costs, and motion denied. Plaintiff claims he purchased a Continental Mark IV automobile from defendant for $6,700 ($5,800 by a bank cashier’s check and $900 in cash). Defendant contends that the automobile was valued at over $10,000 and has refused to either deliver the vehicle or refund the money, asserting that it was the victim of a fraud perpetrated by one of its salesmen, who has since been indicted therefor. In our opinion, in the interest of justice, a trial should be had on all the issues presented (Bernstein v. McCormack Motor Sales, 40 A D 2d 692). Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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In an action for money had and received, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated May 24, 1972, which granted plaintiff’s motion for summary judgment in part, to the extent of $5,800, and severed the balance of plaintiff’s claim, and (2) from a judgment of the same court purportedly entered June 5, 1972 pursuant to said order. Appeal from judgment dismissed, without costs and without prejudice to such motion as appellant may be advised to make at Special Term with respect to the judgment. No judgment was included in the record on appeal. Order reversed, without costs, and motion denied. Plaintiff claims he purchased a Continental Mark IV automobile from defendant for $6,700 ($5,800 by a bank cashier’s check and $900 in cash). Defendant contends that the automobile was valued at over $10,000 and has refused to either deliver the vehicle or refund the money, asserting that it was the victim of a fraud perpetrated by one of its salesmen, who has since been indicted therefor. In our opinion, in the interest of justice, a trial should be had on all the issues presented (Bernstein v. McCormack Motor Sales, 40 A D 2d 692). Rabin, P. J., Hopkins, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

41 A.D.2d 556, 339 N.Y.S.2d 741, 1973 N.Y. App. Div. LEXIS 5264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldstein-v-mccormack-motor-sales-inc-nyappdiv-1973.