56 A.D.2d 564 | N.Y. App. Div. | 1977
Order, Supreme Court, New York County, entered May 18, 1976, granting summary judgment dismissing the cross claim of Musman against defendants Modern Deb and First Republic, unanimously affirmed. Judgment, Supreme Court, New York County, entered June 8, 1976, dismissing the counterclaim of the defendant Musman against Hincar, unanimously affirmed. Appeal from the order of the Supreme Court, New York County, entered March 17, 1976, granting summary judgment dismissing the counterclaim of the defendant Musman against Hincar on default, unanimously dismissed as nonappealable (CPLR 5511) with one bill of $60 costs and disbursements of these appeals to defendants-respondents. Modern Deb, Inc., had leased two cars from Hincar Leasing Corporation. Maurice Musman, then an employee of Modern Deb, was given the use of the automobiles. Musman left the employ of Modern Deb and did not return the two automobiles. Hincar reported the automobiles as missing.
The police ultimately located the cars through Musman and they were returned to Hincar.