Legal Opinion
Marine Midland Bank, N. A. v. Smith Boys, Inc.
New York Supreme Court
Decided July 15, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Mintz, J.
Plaintiff makes application for an order of seizure pursuant to CPLR 7102 prior to the commencement of any action to recover a boat in possession of one or more of the defendants and their agents. Basically, the facts are not in dispute:
On or about June 27, 1981, a 1981 Thunderbird inboard boat and 1981 Mercury inboard motor (hereinafter collateral) were sold by Transit Marine (hereinafter Transit) to Peter Vanderburgh, a resident of Erie County. As part of the purchase, Mr. Vanderburgh signed a security agreement in *38favor of Transit and a UCC financing…
2Cases cited9 opinions
- Hempstead Bank v. Andy's Car Rental System, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- Adams v. City National Bank &Trust Co. of NormanSupreme Court of Oklahoma · 1977
- Bank of Utica v. Smith Richfield Springs, Inc.New York Supreme Court · 1968
- Commercial Credit Equipment Corp. v. Commercial Credit Equipment Corp.Court of Appeals of Georgia · 1980
- Ocean Cty. Nat'l Bank v. PalmerNew Jersey Superior Court Appellate Division · 1983
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3Cited by5 opinions
- Aircraft Trading & Services, Inc. v. Braniff, Inc.Court of Appeals for the Second Circuit · 1987
- Aircraft Trading And Services, Inc. v. Braniff, Inc.Court of Appeals for the Second Circuit · 1987
- In Re Kelton Motors, Inc.United States Bankruptcy Court, D. Vermont · 1990
- John Deere Industrial Equipment Co. v. Daman Cable Specialists, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Walden v. Mercedes Benz Credit Corp., Pennsylvania Court of Common Pleas, Philadelphia County2005