Goodrich Silvertown Stores of the B. F. Goodrich Co. v. Gerard

Appellate Division of the Supreme Court of New York

Goodrich Silvertown Stores of the B. F. Goodrich Co. v. Gerard

258 A.D. 1074, 19 N.Y.S.2d 308, 1940 N.Y. App. Div. LEXIS 8951

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1940·Published

Opinion

Action by a chattel mortgagee to replevy an automobile truck upon which appellants claim a garage beeper’s lien. After trial by the court, without a jury, in the City Court of White Plains, the complaint was dismissed and judgment was rendered on the defendant garagemen’s counterclaim for a money judgment against the plaintiff, chattel mortgagee. On appeal to the County Court, Westchester County, the judgment of the City Court of White Plains was reversed, the counter-' claim dismissed, and judgment of replevin granted in favor of plaintiff, as prayed for in the complaint. Order of the County Court of Westchester County unanimously affirmed, with costs. No opinion. Appeal from the judgment of the said City Court, purporting to have been dated March 13,1939, and entered on the order of reversal, dismissed, without costs. There is no such judgment in the record. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Action by a chattel mortgagee to replevy an automobile truck upon which appellants claim a garage beeper’s lien. After trial by the court, without a jury, in the City Court of White Plains, the complaint was dismissed and judgment was rendered on the defendant garagemen’s counterclaim for a money judgment against the plaintiff, chattel mortgagee. On appeal to the County Court, Westchester County, the judgment of the City Court of White Plains was reversed, the counter-' claim dismissed, and judgment of replevin granted in favor of plaintiff, as prayed for in the complaint. Order of the County Court of Westchester County unanimously affirmed, with costs. No opinion. Appeal from the judgment of the said City Court, purporting to have been dated March 13,1939, and entered on the order of reversal, dismissed, without costs. There is no such judgment in the record. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

Goodrich Silvertown Stores of the B. F. Goodrich Co. v. Gerard, 258 A.D. 1074, 19 N.Y.S.2d 308, 1940 N.Y. App. Div. LEXIS 8951 (N.Y. Ct. App. 1940).

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258 A.D. 1074 (Goodrich Silvertown Stores of the B. F. Goodrich Co. v. Gerard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.