Gilbert v. Gotham Credit Corp.

Full title: ZELMER A. GILBERT, Respondent, v. GOTHAM CREDIT CORPORATION, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: May 16, 1934

152 Misc. 598 (N.Y. App. Term 1934)

273 N.Y.S. 815

Opinion

May 16, 1934.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Ninth District.

Samuel Schleimer, for the appellant.

Maurice B. Gladstone, for the respondent.

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 rule 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.