Legal Opinion

Mack Financial Corp. v. Knoud

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1983PublishedCited by 14 opinions

1Opinion of the Court

— In an action for a deficiency judgment, defendant appeals from an order of the Supreme Court, Suffolk County (Rohl, J.), dated December 20,1982, which granted plaintiff’s motion for summary judgment in lieu of a complaint (CPLR 3213) and set the matter down for trial on the issue of damages. Order reversed, on the law, with costs, and motion denied. A secured party seeking a deficiency judgment from the debtor after sale of the collateral bears the *714burden of showing that the sale was made in a “commercially reasonable” manner (see Uniform Commercial Code, § 9-504; Central Budget Corp. v…

2Cases cited1 opinion

  1. Central Budget Corp. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by14 opinions

  1. Transamerica Commercial Finance Corp. v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1991
  2. Sunjet, Inc. v. Ford Motor Credit Co., Texas Court of Appeals, 5th District (Dallas)1985
  3. Federal Deposit Insurance v. ForteAppellate Division of the Supreme Court of the State of New York · 1988
  4. Coxall v. Clover Commercial Corp.Civil Court of the City of New York · 2004
  5. MTI Systems Corp. v. HatziemanuelAppellate Division of the Supreme Court of the State of New York · 1989

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