Potolski v. Bosworth
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDeyo, J.
The action was in replevin to recover possession of a motor vehicle. The defendant set up by way of counterclaim a garageman’s lien for repairs. Prior to the trial the plaintiff gave an undertaking and secured possession of the automobile. The jury returned a verdict in favor of the defendant for the amount of the repair bill and no cause of action as to the plaintiff’s claim. On the basis of this verdict the customary judgment in replevin was entered wherein it was stated that the value of defendant’s special property in the automobile was less than the value of the chattel itself. The jury…
2Cases cited2 opinions
- New York Yellow Cab Co. Sales Agency, Inc. v. Courtlandt Garage & Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Charmante Studio, Inc. v. GreenfieldAppellate Terms of the Supreme Court of New York · 1945