Carter v. Brockway Motor Co.

[First appeal.] Action for damages under sections 79 and 80, Personal Property Law, on the theory that an automobile sold under a conditional sales contract was subjected to foreclosure and sale without compliance with the ten-day provision of notice of said sale. Order dated May 29, 1935, granting plaintiff’s motion for summary judgment under rule 113 of the Rules of Civil Practice, to the extent of striking from the answer the denial of defendant Broeksvay Motor Company, Inc., of the tenth *735paragraph of the complaint, and order of the same date, denying defendant’s cross-motion for summary…