Paetow v. Van Erp

Appellate Division of the Supreme Court of New York

Paetow v. Van Erp

54 A.D.2d 976, 388 N.Y.S.2d 669, 1976 N.Y. App. Div. LEXIS 14918

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

DecidedNovember 29, 1976

StatusPublished

This text of 54 A.D.2d 976 (Paetow v. Van Erp) 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

Paetow v. Van Erp, 54 A.D.2d 976, 388 N.Y.S.2d 669, 1976 N.Y. App. Div. LEXIS 14918 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia to replevy certain chattels and to recover damages for their conversion, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated April 20, 1976, which denied her motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and motion granted to the extent that plaintiff is awarded partial summary judgment as to her replevin cause of action and defendant is directed to return to plaintiff all property in his possession belonging to the Paetows. The question of damages to plaintiff’s property is to be tried along with defendant’s counterclaims. Defendant has failed to establish any valid security interest in the furniture, furnishings, clothing and other property belonging to the Paetows, which are presently in his possession. Any factual questions raised by defendant’s counterclaims do not affect defendant’s obligation to return the property wrongfully taken. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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In an action inter alia to replevy certain chattels and to recover damages for their conversion, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated April 20, 1976, which denied her motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and motion granted to the extent that plaintiff is awarded partial summary judgment as to her replevin cause of action and defendant is directed to return to plaintiff all property in his possession belonging to the Paetows. The question of damages to plaintiff’s property is to be tried along with defendant’s counterclaims. Defendant has failed to establish any valid security interest in the furniture, furnishings, clothing and other property belonging to the Paetows, which are presently in his possession. Any factual questions raised by defendant’s counterclaims do not affect defendant’s obligation to return the property wrongfully taken. Hopkins, Acting P. J., Martuscello, Damiani and Titone, JJ., concur.

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Bluebook (online)

54 A.D.2d 976, 388 N.Y.S.2d 669, 1976 N.Y. App. Div. LEXIS 14918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paetow-v-van-erp-nyappdiv-1976.