Legal Opinion

General Motors Acceptance Corp. v. Maloney

New York Supreme Court

Decided April 23, 1965PublishedCited by 4 opinions

1Opinion of the CourtHarold Tessler, J.

This is an application brought pursuant to CPLR 5239 to determine petitioner’s right to possession of a certain automobile levied upon by the Sheriff.

The pertinent facts are these: In June, 1961, Continental Casualty Company recovered a money judgment against John Maloney. Execution was issued out of this court pursuant to which the Sheriff, on February 2, 1965, levied upon an Oldsmobile automobile which was in the possession of judgment debtor subject to a conditional sales contract. Petitioner is the assignee of the conditional vendor. Judgment debtor failed to make the installment payment…

2Cases cited3 opinions

  1. Intermediate Credit Corp. v. Overseas National Airways, Inc.New York Supreme Court · 1963
  2. D. L. Dineen Sales & Service Corp. v. HallNew York Supreme Court · 1958
  3. Universal C. I. T. Credit Corp. v. Schlossman's, Inc.Civil Court of the City of New York · 1963

3Cited by4 opinions

  1. William Iselin & Co. v. Burgess & Leigh, Ltd.New York Supreme Court · 1967
  2. Fitzpatrick v. Bank of New YorkAppellate Terms of the Supreme Court of New York · 1983
  3. General Motors Acceptance Corp. v. StotskyNew York Supreme Court · 1969
  4. Fitzpatrick v. Bank of New YorkCivil Court of the City of New York · 1984

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