Legal Opinion
Xerox Corp. v. Smith
Civil Court of the City of New York
Decided October 7, 1971PublishedCited by 5 opinions
1Opinion of the CourtRichard W. Wallach, J.
Whether the presence of an option to purchase could bring about the metamorphosis of an equipment lease into a conditional sale agreement is the question presented by plaintiff’s motion for summary judgment in this replevin action.
An equipment lease agreement between plaintiff and Hart-west Productions, Inc., covering a 914 copier, contained an option provision entitling Hartwest as lessor to purchase the machine for a fixed price of $29,500, with the right to credit up to a maximum sum of $14,500 of rental payments accrued over the 18-month period immediately preceding ‘1 the effective date…
2Cases cited3 opinions
- Matter of N.Y. World-Telegram Corp. v. McGoldrickNew York Court of Appeals · 1948
- American Can Co. v. U. S. Canning Corp.Appellate Terms of the Supreme Court of New York · 1958
- R & L Stationery Corp. v. 708 Dogwood Avenue Corp.New York Supreme Court · 1968
3Cited by5 opinions
- In the Matter of Fashion Optical, Ltd., Bankrupt. Joe Steele, Trustee v. Dr. Charles J. GebetsbergerCourt of Appeals for the Tenth Circuit · 1981
- In Re Access Equipment, Inc.United States Bankruptcy Court, D. Massachusetts · 1986
- Saada v. Master Apts. Inc.New York Supreme Court · 1991
- McGalliard v. Liberty Leasing Co. of Alaska, Inc.Alaska Supreme Court · 1975
- McGalliard v. Liberty Leasing Co. of Alaska, Inc.Alaska Supreme Court · 1975