Regent Discount Corp. v. Ortiz

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

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 the 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.