From Casetext: Smarter Legal Research

Joseph B. Cooper Sons v. James Talcott

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1968
31 A.D.2d 529 (N.Y. App. Div. 1968)

Opinion

November 21, 1968


Order entered April 16, 1968, denying motion to dismiss complaint, unanimously reversed, on the law, and complaint dismissed, with $50 costs and disbursements to appellant. To the extent that plaintiff relies on the New Jersey statute quoted in part in the complaint (N.J. Stat. Ann. § 14:14-2), the action would seem to be barred since financing statements under the Uniform Commercial Code had been filed before creation of the indebtedness due plaintiff from American Setting, its customer. If the New Jersey statute is put aside (but see James v. Powell, 19 N.Y.2d 249, 256 ) and the action taken as one for "a money recovery from the defendant as a tort feasor", to quote from plaintiff's brief, it is significant that the complaint alleges no more than that plaintiff is a simple contract creditor of American Setting (see Northville Dock Corp. v. Aller, 15 A.D.2d 947, affd. 15 N.Y.2d 498).

Concur — Botein, P.J., Eager, Steuer, Capozzoli and McNally, JJ.


Summaries of

Joseph B. Cooper Sons v. James Talcott

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1968
31 A.D.2d 529 (N.Y. App. Div. 1968)
Case details for

Joseph B. Cooper Sons v. James Talcott

Case Details

Full title:JOSEPH B. COOPER SONS, INC., Respondent, v. JAMES TALCOTT, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 1968

Citations

31 A.D.2d 529 (N.Y. App. Div. 1968)