Opinion
March 13, 1930.
Appeal from the Municipal Court, Borough of Manhattan, Eighth District.
Abraham Midonick, for the appellant.
Hyman Hyman, for the respondent.
The chattel mortgage involved herein is dated January 3, 1928. Of course the hotelkeeper could not have had notice of its existence prior to that date. In addition, assuming that there was a valid chattel mortgage on the guest's property of which the innkeeper had actual notice he would not appear to be deprived of his lien under section 181 Lien of the Lien Law as long as the guest was legally in possession of the goods and the owner thereof. A valid lien appears to exist as to at least part of the sums claimed in the answer.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, LYDON, CALLAHAN and PETERS, JJ.