Alvin Transportation Corp. v. Fisk Discount Corp.
Alvin Transportation Corporation v. Fisk Discount Corporation
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Leary, J.
The action is for damages provided for in section 80-e of the Personal Property Law, for an alleged violation of sections 78 and 79 of said law. The conditional vendee surrendered the property on September 6, 1933, notice of sale was given on September ninth, and the property sold on September nineteenth. Plaintiff contends that the ten-day notice of sale cannot be given until after the expiration of the ten-day redemption period. The defendant’s contention that the sale is valid if it takes place after the expiration of the full redemption period is supported in Freeman v. Engel ( 185 App. Div. 218 ).
Motion for summary judgment is denied. Order signed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
-
(in accord with majority rule)
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.