Wolf v. Di Lorenzo
Appellate Terms of the Supreme Court of New York
Appeal by tbe plaintiff from an affirmance, by the General Term of the City Court of New York, of a judgment rendered upon a verdict in her favor upon the second cause of action alleged, after dismissal of the complaint as to the first cause of action. Also appeal from affirmance of order denying plaintiff’s ■ ' motion.-for a retaxation of costs in,the court below.
1Opinion of the CourtBischoff, J.
The plaintiff, a dealer in household furniture, sold certain articles to the defendants ' under a conditional agreement of sale, expressed as a contract of rental, but looking to the final passing of title to the' purchasers upon their duly making payment, of an agreed sum in stated installments. ' For a first cause of action, the complaint set forth the delivery under this agreement, but no default of tire agreed payments was alleged,- and the demand for judgment was based solely upon allegations of a modification of the contract whereby the goods were sold to the defendants • absolutely,…
2Cases cited1 opinion
- Kreizer v. AllaireAppellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Bloom v. Selglo Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Coles v. CarrollAppellate Division of the Supreme Court of the State of New York · 1934