Museums at Stony Brook v. Village of Patchogue Fire Dept.

• Citation: 146 A.D.2d 572,536 N.Y.S.2d 177
• Parties: The MUSEUMS AT STONY BROOK, Appellant, v. The VILLAGE OF PATCHOGUE FIRE DEPARTMENT, et al., Respondents.
• Decision Date: 09 January 1989
• Court: New York Supreme Court Appellate Division

Page 177

536 N.Y.S.2d 177

146 A.D.2d 572

The MUSEUMS AT STONY BROOK, Appellant, v. The VILLAGE OF PATCHOGUE FIRE DEPARTMENT, et al., Respondents.

Supreme Court, Appellate Division,

Second Department.

Jan. 9, 1989.

Pelletreau & Pelletreau, Patchogue (Vanessa M. Sheehan, of counsel), for appellant.

Ernest R. Maler, Jr., Patchogue, for respondents.

Before BROWN, J.P., and LAWRENCE, EIBER and KOOPER, JJ.

MEMORANDUM BY THE COURT.

In an action to recover possession of an antique fire engine, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Mallon, J.), entered April 4, 1988, as denied its motion for summary judgment.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The instant action concerns a dispute over ownership of an antique fire engine known as the "Honey Bee".

In 1903, the defendant Patchogue Fire Department transferred the Honey Bee to the Association of Exempt Firemen of Patchogue (hereinafter the Association), with the approval of the Board of Trustees of the Village of Patchogue, in exchange for a modern hose wagon and firemen's uniforms.

The Association retained possession of the Honey Bee until May 1951 when it was transferred to the Suffolk Museum, the predecessor of the plaintiff, The Museums at Stony Brook. Whether this transfer constituted a sale, gift, or loan cannot be determined on this record.

At various times between 1953 and 1975, the museum "lent" the Honey Bee to the Patchogue Fire Department for short periods of time during which it was placed on public display.

The Mayor of the Village of Patchogue made inquiry of the museum as to the ownership of the Honey Bee in August 1975 and again in January 1976. At that time, the fire engine was in the possession of the Patchogue Fire Department. In response the museum indicated that the Honey Bee was owned by the museum and that title would not be relinquished. In August 1976, the museum agreed to "loan" the Honey Bee to the Patchogue Fire Department on a long term basis subject to annual review. Following approval by the Village Board of Trustees, a loan agreement was executed by the Chief of the Patchogue Fire Department and the museum. Significantly, neither the loan agreement nor any of the communications between the parties expressly stated that title of the Honey Bee vested in the museum. The loan agreement was renewed annually until June 5, 1986, when the museum notified the fire department that the Honey Bee would be recalled in October 1986 for exhibition in a new "Carriage Museum". The fire department refused to relinquish the Honey Bee.

After filing a notice of claim, the plaintiff museum commenced this action against the Village of Patchogue and the Patchogue Fire Department seeking possession of the Honey Bee. Following the joinder of issue, the plaintiff moved, inter alia, pursuant to CPLR 3212 for summary judgment directing ...