Bankers Trust Co. v. Term

Plaintiff, the assignee of a conditional sales contract of an automobile, moves for summary judgment in an amount equal to the alleged deficiency remaining after repossession and auction of the vehicle. Defendant Terll does not deny his default under the contract, but cross-moves for summary judgment on his counterclaim wherein it is claimed that plaintiff did not comply with section 79 of the Personal Property Law, which prescribes the method of advertising such sales. Defendant Sapienza claims that her signature, admittedly on the conditional sales contract, was placed there as a witness…