Appellate Division of the Supreme Court of New York, 1931

In re the Conditional Sale Contract Signed by Weisberg Goldman Corp.

In re the Conditional Sale Contract Signed by Weisberg Goldman Corp.
Appellate Division of the Supreme Court of New York · Decided December 15, 1931
234 A.D. 881
In re the Conditional Sale Contract Signed by Weisberg Goldman Corp.

Opinion of the Court

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars eosts, on the ground that section 72-b of the Personal Property Law does not, by its terms, make mandatory the vacating of the conditional bill of sale; and under the circumstances of this ease it would be highly inequitable to vacate it. The discretion given the court below should have been exercised to deny the motion. Appeal from order denying motion for reargument dismissed. Lazansky, P. J., Hagarty, Carswell, Seudder and Davis, JJ., concur.

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