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44 Misc. 2d 236

Rosenbaum v. Williams

Appellate Terms of the Supreme Court of New York · decided 1964-09-23

Relies on Parish v. . Wheeler · Hall v. . Sampson · Bragelman v. . Daue

Decided 1964-09-23

Per Curiam.

¶1The chattel mortgagor’s default gave the right

¶2to 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.)

¶3The judgment should be unanimously reversed and the complaint dismissed, with $30 costs.

¶4Concur — Hart, Brown and Groat, JJ.

¶5Judgment reversed, etc.

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