Opinion
November 14, 1951.
Appeal from Supreme Court, Chemung County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See post, p. 811.]
Appellants urge that the pleadings and affidavits indicate a triable issue of fact as to the residence of a purchaser of an automobile under a conditional sales contract. In this contract the purchaser gave his address at 110 Milton Street, Elmira, New York, and the same address on his car license registration. There is proof that he resided at other places during the period in question. We think the seller was entitled to rely on the purchaser's declaration as to his residence under the circumstances disclosed ( General Motors Acceptance Corp v. Barnett, 142 Misc. 192). Hence the contract was properly filed in the Clerk's office of the Town of Southport, the township embracing the address given. Summary judgment was proper. There is no dispute as to the facts, the only issue being the legal conclusion to be drawn from the facts. Order and judgment unanimously affirmed, with costs to the defendant-respondent.