80 A.D.2d 740 | N.Y. App. Div. | 1981
Order unanimously modified and, as modified, affirmed, with costs to third-party plaintiff against third-party defendants, and matter remitted to Su-' preme Court, Erie County, for further proceedings, in accordance with the following memorandum: Plaintiff, the holder of a perfected security interest in a 1972 Chevrolet Vega automobile which existed by virtue of a retail installment sales contract between John Murphy and Dan Creed Chevrolet, Inc., was properly granted summary judgment in its conversion action against defendant to whom the Vega was traded as a down payment on a new 1975 Dodge automobile by third-party defendant Jean G. Murphy. Special Term properly concluded that no triable issue of fact existed except as