Hirsh v. Kaminski

Appellate Division of the Supreme Court of New York

Hirsh v. Kaminski

282 A.D. 1009, 125 N.Y.S.2d 628, 1953 N.Y. App. Div. LEXIS 5664

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

DecidedNovember 18, 1953

StatusPublished

This text of 282 A.D. 1009 (Hirsh v. Kaminski) 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

Hirsh v. Kaminski, 282 A.D. 1009, 125 N.Y.S.2d 628, 1953 N.Y. App. Div. LEXIS 5664 (N.Y. Ct. App. 1953).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: The plaintiff himself testified that the defendant had paid in full for the items delivered to the defendant. Thus, the plaintiff cannot succeed in this action to replevin those items inasmuch as title to them has passed to the defendant. The judgment appealed from dismissing the plaintiff’s complaint in this replevin action, of course, does not foreclose the plaintiff from pursuing his pending action for breach of contract. All concur. (Appeal from a judgment dismissing the complaint in an action in replevin.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Judgment affirmed, with costs. Memorandum: The plaintiff himself testified that the defendant had paid in full for the items delivered to the defendant. Thus, the plaintiff cannot succeed in this action to replevin those items inasmuch as title to them has passed to the defendant. The judgment appealed from dismissing the plaintiff’s complaint in this replevin action, of course, does not foreclose the plaintiff from pursuing his pending action for breach of contract. All concur. (Appeal from a judgment dismissing the complaint in an action in replevin.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.

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Bluebook (online)

282 A.D. 1009, 125 N.Y.S.2d 628, 1953 N.Y. App. Div. LEXIS 5664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirsh-v-kaminski-nyappdiv-1953.