Appellate Division of the Supreme Court of New York, 1944

Scientific Machine Corp. v. Simmons

Scientific Machine Corp. v. Simmons
Appellate Division of the Supreme Court of New York · Decided March 20, 1944
267 A.D. 917; 47 N.Y.S.2d 329; 1944 N.Y. App. Div. LEXIS 5504
Scientific Machine Corp. v. Simmons

Opinion of the Court

In a replevin action to recover the possession of 216 pinball machines or the value thereof, judgment was entered in favor of plaintiff. One of the machines received in evidence upon the trial was submitted to this court for examination and inspection. The court agrees with the Special Term that the machine is not a gambling device and does not violate section 982 of the Penal Law. Judgment unanimously affirmed, with costs. Present — Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ. [181 Mise. 960.]

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