Zenith Financial Corporation v. Jolly Gene Distributor

In our opinion, the machines in question were goods purchased by the defendant corporation for a commercial or business use within the meaning of the statute (Personal Property Law, art. 10 [Retail Instalment Sales Act]) and are therefore excluded from the protection of its provisions (Welch v. Campbell, 197 Misc. 165, affd. 278 App. Div. 605). A new trial should be had, however, to determine the rights of the respective parties under the law without reference to this statute (Personal Property Law, art. 10). Disposition Order reversed on the law; plaintiff's motion granted to the extent of setting aside the decision and judgment; the judgment is vacated and a new trial granted, with costs to abide the event. No questions of fact have been considered.