General Electric Capital Commercial Automotive Finance, Inc. v. Spartan Motors, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedmann, J.
This appeal arises from a dispute between two automobile finance companies as to which had a superior security interest in two Mercedes-Benz cars—part of the inventory of the defendant Spartan Motors, Ltd. (hereinafter Spartan), a now-defunct car dealership. The issue presented is whether by advancing Spartan the funds to purchase the vehicles after Spartan itself had already paid for and received them, the defendant General Motors Acceptance Corporation (hereinafter GMAC) thereby acquired a purchase-money security interest in the merchandise that could defeat…
2Cases cited16 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- North Platte State Bank v. Production Credit Ass'nNebraska Supreme Court · 1972
- ITT Commercial Finance Corp. v. Union Bank & Trust Co.Indiana Court of Appeals · 1988
- Farmers State Bank v. Farmland Foods, Inc.Nebraska Supreme Court · 1987
- Recon Car Corp. v. Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re PetrocciUnited States Bankruptcy Court, N.D. New York · 2007
- In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
- First National Bank in Munday v. Lubbock Feeders, L.P., Texas Court of Appeals, 11th District (Eastland)2006
- Doctors Hospital of Hyde Park, Inc. v. Desnick (In Re Doctors Hospital of Hyde Park, Inc.)United States Bankruptcy Court, N.D. Illinois · 2007
- In Re Inofin, Inc.United States Bankruptcy Court, D. Massachusetts · 2011
13 more not listed; retrieve them via the Exa API.