Potolski International, Inc. v. Hall's Boat Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
The complaint which the Special Term has dismissed is laid in replevin. It alleges that plaintiff had title to a twenty-three-foot Chris-Craft express cruiser; that the boat had been placed in the possession of the defendant ‘ for storage only ’ ’; that demand was made of the defendant for the boat, but that it has been ‘ ‘ wrongfully kept and detained ’ ’. Defendant is in the business of boat sales, repairs and storage at Lake George.
On these bare allegations the court was required, we think, to dismiss the complaint. A lawful possession of the chattel by the defendant for the purpose of…
2Cases cited6 opinions
- Cohen v. City Company of New YorkNew York Court of Appeals · 1940
- Elsfelder v. CournandAppellate Division of the Supreme Court of the State of New York · 1945
- Hoyt v. SpragueNew York Supreme Court · 1872
- Allen v. CorbyAppellate Division of the Supreme Court of the State of New York · 1901
- C. I. T. Corp. v. SchubertCity of New York Municipal Court · 1930
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Raymond Babtkis Associates, Inc. v. Tarazi Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Annutto v. Town of HerkimerNew York Supreme Court · 1968
- Bright v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1957
- Jokinen v. AllenNew York Supreme Court · 1958
9 more not listed; retrieve them via the Exa API.