44 A.D.2d 840 | N.Y. App. Div. | 1974
Multi-Purpose Capital Corp., Third-Party Defendant-Appellant.— In an action to recover the price of articles (kitchen cabinets, etc.) sold by plaintiff and installed in real property, title to which real property was acquired by defendants after the sale and installation of said articles, defendants third-party plaintiffs and the third-party-defendant appeal from a judgment of the Supreme Court, Westchester County, entered September 10, 1973, upon the trial court’s decision based on an agreed statement of facts, which judgment is in favor of plaintiff against defendants for $1,700.75 plus interest, costs and disbursements, and in favor of defendants against the third-party defendant in the same amount. Judgment reversed, on the law, with costs to appellants against plaintiff, and complaint and third-party complaint dismissed on the merits. As the basis for its decision, the trial court construed subdivision (5) of section 9-313 of the Uniform Commercial Code as being permissive and permitting a creditor to recover the purchase price of goods, from a nondebtor who was in possession of the goods subject to the creditor’s rights, as opposed to repossessing the