Home/Appellate Terms of the Supreme Court of New York/Royal Discount Corp. v. Luxor Motor Sales Corp.

Royal Discount Corp. v. Luxor Motor Sales Corp.

9 Misc. 2d 307, 170 N.Y.S.2d 382, 1957 N.Y. Misc. LEXIS 1935
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 19, 1957
StatusPublished
Cited by13 cases

This text of 9 Misc. 2d 307 (Royal Discount Corp. v. Luxor Motor Sales Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Royal Discount Corp. v. Luxor Motor Sales Corp., 9 Misc. 2d 307, 170 N.Y.S.2d 382, 1957 N.Y. Misc. LEXIS 1935 (N.Y. Ct. App. 1957).

Opinion

Per Curiam.

An assignment of a retail installment contract, by which the seller warrants that the cash down payment specified as having been paid by the purchaser was actually paid, is breached when the proof establishes that the down payment was in fact less than the amount so warranted (Commercial Credit Corp. v. Third & Lafayette Sts. Garage, 226 App. Div. 235; Northeast Discount Corp. v. Queens Hill Motors, 150 N. Y. S. 2d 848).

The terms “costs” and “expenses” as employed in the assignment agreement do not include attorney’s fees, and attorney’s fees are not recoverable in the absence of express language in the contract or statute (Hayman v. Morris, 37 N. Y. S. 2d 884).

The judgment should be reversed, with $30 costs, and judgment directed for the plaintiff in the sum of $426.13, with interest and costs.

Hofstadter, Steher and Hecht, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)
9 Misc. 2d 307, 170 N.Y.S.2d 382, 1957 N.Y. Misc. LEXIS 1935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-discount-corp-v-luxor-motor-sales-corp-nyappterm-1957.