Regent Discount Corp. v. Ortiz

New York Supreme Court

Regent Discount Corp. v. Ortiz

32 Misc. 2d 431, 211 N.Y.S.2d 822, 1961 N.Y. Misc. LEXIS 3411

DecidedFebruary 9, 1961

StatusPublished

This text of 32 Misc. 2d 431 (Regent Discount Corp. v. Ortiz) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Regent Discount Corp. v. Ortiz, 32 Misc. 2d 431, 211 N.Y.S.2d 822, 1961 N.Y. Misc. LEXIS 3411 (N.Y. Super. Ct. 1961).

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Opinions

Per Curiam.

The circumstances herein show a retaking of the television set by virtue of the conditional sales contract, making operative the provisions of the Personal Property Law, and not an acquisition by reason of a new agreement superseding such sales contract. The retaining of the set since August, 1958, without exercising the privilege of resale releases [432]*432the purchaser from further liability under the sales contract (Eager, Chattel Mortgages and Conditional Sales [Perm, ed.], § 415, p. 544; see, also, Interstate Ice & Power Corp. v. United States Fire Ins. Co., 243 N. Y. 95, 99).

The judgment should be reversed, with $30 costs, and judgment directed for the defendant, with costs.

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Per Curiam.

The circumstances herein show a retaking of the television set by virtue of the conditional sales contract, making operative the provisions of the Personal Property Law, and not an acquisition by reason of a new agreement superseding such sales contract. The retaining of the set since August, 1958, without exercising the privilege of resale releases [432]*432the purchaser from further liability under the sales contract (Eager, Chattel Mortgages and Conditional Sales [Perm, ed.], § 415, p. 544; see, also, Interstate Ice & Power Corp. v. United States Fire Ins. Co., 243 N. Y. 95, 99).

The judgment should be reversed, with $30 costs, and judgment directed for the defendant, with costs.

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Bluebook (online)

32 Misc. 2d 431, 211 N.Y.S.2d 822, 1961 N.Y. Misc. LEXIS 3411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regent-discount-corp-v-ortiz-nysupct-1961.

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