137 Misc. 251 | City of New York Municipal Court | 1930
The facts here are the same as those in Ellner v. Commercial Credit Corporation (136 Misc. 398), with the exception that, at bar, defendant, without demand being made upon it to sell the property, under the statute, did give a notice of sale and did conduct a sale of the property. The notice of sale, however, is conceded to be insufficient and the resulting sale, therefore, of no avail. Talcing the same view as to what constitutes the “ purchase price ” as was indicated by this court in the Ellner Case (supra), the plaintiffs, at bar, had paid less than fifty per centum thereof. They were, therefore, not entitled to notice of sale, nor to have defendant sell the property, unless they made proper demand for such sale, as provided by section 80 of the Personal Property Law (added by Laws of 1922, chap. 642). No such demand having been made, the seller had the right to conduct a voluntary sale for the account of the buyer (Pers. Prop. Law, § 80); but in con