Opinion · Appellate Division of the Supreme Court of the State of New York

Menzel v. List

Menzel v. List, 28 A.D.2d 516 (Appellate Division of the Supreme Court of the State of New York 1967)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1967-05-11
Topic
general

*517Concur - — Stevens, J. P., Steuer, Tilzer, Rabin and MeGivern, JJ. [See 49 Misc 2d 300.]

Citator

UpLaw has not yet analyzed Menzel v. List. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
26 opinions
MENZEL v. LIST,28 A.D.2d 516[1st Dept 1967]
ERNA MENZEL, Respondent, v. ALBERT A. LIST, Defendant and Third-Party
Plaintiff-Respondent.
KLAUS G. PERLS, et al., Doing Business under the Name of PERLS GALLERIES,
Third-Party Defendants-Appellants.
Appellate Division of the Supreme Court of New York, First Department.
May 11, 1967
Judgment after jury trial, unanimously modified, on the law, to the extent only of reducing amount awarded in favor of third-party plaintiff against appellants to the sum of $4,000, together with interest from October 14, 1955, the date of purchase, and except as so modified, affirmed, without costs to either party as against the other. The Statute of Limitations constitutes no bar to the third-party action. Former section 94 Pers. Prop. of the Personal Property Law, now repealed, is the only pertinent statute, and the applicable warranty was one relating to "quiet possession". As such, the warranty was not broken until the possession of the painting by List was disturbed, which time was within the statute. (Delaware Bankv.Jarvis,20 N.Y. 226;Moorev.Maddock,224 App. Div. 401,409-410, affd.251 N.Y. 420;McConkey Realty Corp.v.Wildermuth,Page 517214 App. Div. 395.) The applicable measure of damages was the price list paid for the painting at the time of purchase, together with interest. (Staatsv.Executors of Ten Eyck, 3Caines111, 113;Armstrongv.Percy, 5Wend.535;Casev.Hall, 24 Wend. 102.)

Concur — Stevens, J.P., Steuer, Tilzer, Rabin and McGivern, JJ.