Badenhausen v. Neenan Elevator Co. 160 N.Y.S. 1123

Henry C. BADENHAUSEN, etc., respondent, v. NEENAN ELEVATOR COMPANY et al., defendants, and John F. Healy and another, appellants.

(Supreme Court, Appellate Division, Second Department.

September 29, 1916.)

Judgment modified, by directing, as a condition of the adjudication in plaintiff’s favor, the restoration by defendant Neenan Elevator Company to defendant Healy of the sum of $4,513.26 within 30 days after entry of judgment, and in default of such payment a lien for that amount is adjudged on the personal property involved, and a sale of the said property of defendant Neenan Elevator Company is directed as in the case of foreclosure of a lien upon a chattel. Madison Ave. Baptist Church v. Oliver St. Baptist Church, 73 N. Y. 82, 93. The requests to find prepared by defendant Healy and another, numbered 13 and 14, are granted. As modified, the judgment is affirmed, without costs.