Ryan v. General Motors Acceptance Corp.

Judgment reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: We base our decision upon the reasoning contained in Capital District L. A. W. Corp. v. Blake (136 Misc. 651) and in Ellner v. Commercial Credit Corp. (137 id. 251). The case of Braham & Co., Inc., v. Zittel (232 App. Div. 406) had. to do solely with the claimed recovery of a deficiency judgment and the language in the opinion in that case must be taken with regard to the claim there made, namely, for a deficiency. We said: “ When the car was retaken, defendants had paid less than fifty per cent of the…