Brodsky v. Cohen, Inc.

Full title: LEO B. BRODSKY, Respondent, v. T. COHEN, INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: May 6, 1943

180 Misc. 536 (N.Y. App. Term 1943)

46 N.Y.S.2d 126

Opinion

May 6, 1943.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LAZARUS, J.

David F. Cohen for appellant.

Solomon Kleinman for respondent.

MEMORANDUM

Per Curiam.

The transaction by plaintiff was a conditional sale (Personal Property Law, § 61). As the memorandum agreement was not filed, it was invalid as to the defendant pawnbroker corporation (Personal Property Law, § 65), which has a lien for its loan proceeds and interest.

Judgment reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

HAMMER, SHIENTAG and HECHT, JJ., concur.