Genesee Merchants Bank & Trust Co. v. Tucker Motor Sales

I dissent.

The circumstances of this case warrant consideration of the other side of the controversy revolving around the interplay between UCC 2-702(2), 2-507(2) and a properly perfected security interest. The crux of the matter is whether or not the seller’s right to reclaim is subordinate to a perfected security interest. As the excellent majority opinion indicates, this continues to be an area of considerable discussion. With this in mind I would like to draw further attention to the controversy and note that a different result has been reached in other cases. Especially noteworthy in this…