Tillman v. Commercial Credit Corp.

Appellate Division of the Supreme Court of New York

Tillman v. Commercial Credit Corp.

29 A.D.2d 951, 290 N.Y.S.2d 545, 1968 N.Y. App. Div. LEXIS 4344

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

DecidedApril 1, 1968

StatusPublished

This text of 29 A.D.2d 951 (Tillman v. Commercial Credit Corp.) 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

Tillman v. Commercial Credit Corp., 29 A.D.2d 951, 290 N.Y.S.2d 545, 1968 N.Y. App. Div. LEXIS 4344 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Suffolk County, dated May 21, 1967, modified, on the law and the facts, by striking out the second and third decretal paragraphs and by adding a provision, in lieu of those paragraphs, that the determination is without prejudice to plaintiff’s right to pursue whatever remedies are available to him for redress of damages suffered in the period of time during which defendant retained the automobile after plaintiff tendered payment of the first monthly instalment on the conditional sale contract. As so modified, order affirmed, with costs to respondent. The trial court was without power to recast the terms of the contract, that is, to fix new dates for payment of monthly instalments. Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

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Order of the Supreme Court, Suffolk County, dated May 21, 1967, modified, on the law and the facts, by striking out the second and third decretal paragraphs and by adding a provision, in lieu of those paragraphs, that the determination is without prejudice to plaintiff’s right to pursue whatever remedies are available to him for redress of damages suffered in the period of time during which defendant retained the automobile after plaintiff tendered payment of the first monthly instalment on the conditional sale contract. As so modified, order affirmed, with costs to respondent. The trial court was without power to recast the terms of the contract, that is, to fix new dates for payment of monthly instalments. Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

29 A.D.2d 951, 290 N.Y.S.2d 545, 1968 N.Y. App. Div. LEXIS 4344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillman-v-commercial-credit-corp-nyappdiv-1968.