Rosenbaum v. Williams

Full title: SAMUEL M. ROSENBAUM, Respondent, v. GENE WILLIAMS et al., Appellants

Court: Supreme Court, Appellate Term, Second Department

Date published: Sep 23, 1964

44 Misc. 2d 236 (N.Y. App. Term 1964)

253 N.Y.S.2d 426

Opinion

September 23, 1964

Appeal from the District Court of the County of Nassau, ELIJAH W. MILLS, JR., J.

Richard E. Rahn and Walter F. Bucalos for appellants.

Joseph L. Belvedere for respondent.

Per Curiam.

The chattel mortgagor's default gave the right to possession and general title to the chattel mortgagee with the right of redemption remaining in said chattel mortgagor. The plaintiff's purchase of the chattel mortgagor's right in a Sheriff's sale after levy and execution gives no possessory right or title but only the right of redemption. An action in conversion will not lie on behalf of one who has a mere right of redemption. ( Hall v. Sampson, 35 N.Y. 274; Parish v. Wheeler, 22 N.Y. 494; Bragelman v. Daue, 69 N.Y. 69.)

The judgment should be unanimously reversed and the complaint dismissed, with $30 costs.

Concur — HART, BROWN and GROAT, JJ.

Judgment reversed, etc.