Automatic Gas Distributors, Inc. v. State Bank of Green River

The trial court’s application of a presumed intent to achieve a probable undesired result before a complete factual development fuels my disagreement with the decision to affirm summary judgment. A century-old concept clearly stated by Van Rensselaer’s Heirs v. Penniman, 6 Wend. 337 (N.Y.1831) was misapplied and then combined with an undocumented factual analysis for a summary judgment decision. *446The trial court and the majority have mixed up the parties and have presumed intent that the lessee intended to relinquish title priority in favor of a bank which became the owner-lessor through…