WARREN-JOEL CORP. v. KIRSCHENBAUM


57 Misc.2d 451 (1968)

Warren-Joel Corporation, Appellant, v. Harry Kirschenbaum et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 19, 1968


Attorney(s) appearing for the Case

Robert Goldstein and Clifford G. Coulston for appellant. Norman Sternlieb for respondents.

HOFSTADTER and STREIT, JJ., concur in Per Curiam opinion; MARKOWITZ, J., dissents in opinion.


Per Curiam.

The material facts in this action are not in dispute. On June 22, 1962, defendants purchased various supermarket store fixtures from plaintiff under a conditional sales contract. Payments totaling more than $36,000 (representing approximately 56% of the original purchase price of $63,490.19) were made by defendants up to September 29, 1965, at which time they assigned their assets for the benefit of creditors...

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