Appellate Terms of the Supreme Court of New York, 1943

Brodsky v. T. Cohen, Inc.

Brodsky v. T. Cohen, Inc.
Appellate Terms of the Supreme Court of New York · Decided May 6, 1943
180 Misc. 536; 46 N.Y.S.2d 126; 1943 N.Y. Misc. LEXIS 2739

Counsel

David F. Cohen for appellant., Solomon Kleinman for respondent.

Brodsky v. T. Cohen, Inc.

Opinion of the Court

Memorandum Per Curiam.

The transaction by plaintiff wa's a conditional sale (Personal Property Law, § 61). As the memorandum agreement was not filed, it was invalid as to the defendant pawnbroker corporation (Personal Property Law, § 65), which has a lien for its loan proceeds and interest.

Judgment reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

Hammer, Shientag and Hecht, JJ., concur.

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