Appellate Terms of the Supreme Court of New York, 1934

Gilbert v. Gotham Credit Corp.

Gilbert v. Gotham Credit Corp.
Appellate Terms of the Supreme Court of New York · Decided May 16, 1934
152 Misc. 598; 273 N.Y.S. 815; 1934 N.Y. Misc. LEXIS 1556

Counsel

Samuel Schleimer, for the appellant., Maurice B. Gladstone, for the respondent.

Gilbert v. Gotham Credit Corp.

Opinion of the Court

Per Curiam.

An action in conversion for damages for unlawful repossession of the automobile of plaintiff’s assignor is not one to recover possession of a specific chattel or chattels as provided in *599rule 113 of the Rules of Civil Practice, subdivision 5, so as to warrant the granting of a motion for summary judgment brought under this and rule 114 of the Rules of Civil Practice.

Judgment and order reversed, with ten dollars costs to appellant to abide the event, and motion denied.

All concur; present, Hammer, Callahan and Shientag, JJ.

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