Sunrise Plumbing Supply Co. v. Barrett

Appellate Division of the Supreme Court of New York

Sunrise Plumbing Supply Co. v. Barrett

263 A.D. 1017, 33 N.Y.S.2d 1020, 1942 N.Y. App. Div. LEXIS 7906

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

DecidedMarch 23, 1942

StatusPublished

This text of 263 A.D. 1017 (Sunrise Plumbing Supply Co. v. Barrett) 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

Sunrise Plumbing Supply Co. v. Barrett, 263 A.D. 1017, 33 N.Y.S.2d 1020, 1942 N.Y. App. Div. LEXIS 7906 (N.Y. Ct. App. 1942).

Pincite

Opinion

In an action [1018]*1018to foreclose a vendor’s lien on certain plumbing material sold under a conditional bill of sale, judgment dismissing the complaint at the close of the plaintiff’s case for failure to establish sufficient facts to constitute a cause of action, reversed on the law and a new trial granted, with costs to appellant to abide the event. The plaintiff made out a prima facie case to the effect that at least a portion of the plumbing material sold and installed could have been removed without material injury to the freehold, and his complaint should not have been dismissed. In view of the above disposal of the appeal from the judgment, the appeal from the order is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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In an action [1018]*1018to foreclose a vendor’s lien on certain plumbing material sold under a conditional bill of sale, judgment dismissing the complaint at the close of the plaintiff’s case for failure to establish sufficient facts to constitute a cause of action, reversed on the law and a new trial granted, with costs to appellant to abide the event. The plaintiff made out a prima facie case to the effect that at least a portion of the plumbing material sold and installed could have been removed without material injury to the freehold, and his complaint should not have been dismissed. In view of the above disposal of the appeal from the judgment, the appeal from the order is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

263 A.D. 1017, 33 N.Y.S.2d 1020, 1942 N.Y. App. Div. LEXIS 7906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunrise-plumbing-supply-co-v-barrett-nyappdiv-1942.