Ging Jew Yung v. Reymonde

We transferred this case to this court on our own motion to determine who has priority over the settlement proceeds of the defendant’s personal injury claim. The intervener contends that, by virtue of either his perfected security interest or assignment of the proceeds of the claim, he has an interest superior to that acquired by the plaintiff’s trustee attachment of the proceeds. The intervener and the plaintiff filed cross motions for summary judgment. A judge in the District Court concluded that G. L. c. 106, § 9-104 (k), which makes art. 9 of the Uniform Commercial Code inapplicable to “a…