J. W. Johnson-Winco Corp. v. L S B Auction Products, Inc.

Appellate Division of the Supreme Court of New York

J. W. Johnson-Winco Corp. v. L S B Auction Products, Inc.

16 A.D.2d 616

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

DecidedApril 3, 1962

StatusPublished

This text of 16 A.D.2d 616 (J. W. Johnson-Winco Corp. v. L S B Auction Products, 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

J. W. Johnson-Winco Corp. v. L S B Auction Products, Inc., 16 A.D.2d 616 (N.Y. Ct. App. 1962).

Pincite

Opinion

Judgment in favor of plaintiff following the granting of plaintiff’s motion for summary judgment unanimously reversed, on the law, with costs to abide the event, and the motion for summary judgment denied. Upon the verified pleadings and opposing affidavits an issue is raised which must await trial as to whether the goods delivered to defendant were shipped pursuant to a consignment agreement that would maintain title in plaintiff or whether they were sold outright to defendant. Concur — Botein, P. J., Breitel, Rabin, Eager and Bastow, JJ.

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Judgment in favor of plaintiff following the granting of plaintiff’s motion for summary judgment unanimously reversed, on the law, with costs to abide the event, and the motion for summary judgment denied. Upon the verified pleadings and opposing affidavits an issue is raised which must await trial as to whether the goods delivered to defendant were shipped pursuant to a consignment agreement that would maintain title in plaintiff or whether they were sold outright to defendant. Concur — Botein, P. J., Breitel, Rabin, Eager and Bastow, JJ.

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Bluebook (online)

16 A.D.2d 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-w-johnson-winco-corp-v-l-s-b-auction-products-inc-nyappdiv-1962.