Legal Opinion

Ford Motor Credit Co. v. State

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

Decided May 2, 1996PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

Claimant seeks to recover more than $400,000 paid to the State in several payments over a two-week period by Miller Lincoln-Mercury, Inc. (hereinafter Miller) to satisfy an existing sales tax liability. The claim alleges that the money paid to the State constituted the proceeds of sales of vehicles by Miller and that pursuant to a duly filed security agreement, claimant had a perfected security interest in the vehicles sold by Miller and in the proceeds of the sales. The Court of Claipas granted the State’s motion to dismiss the claim for failure to state a cause…

2Cases cited3 opinions

  1. Sharp v. KosmalskiNew York Court of Appeals · 1976
  2. Simonds v. SimondsNew York Court of Appeals · 1978
  3. Lake Ontario Production Credit Ass'n v. Partnership of Chester S. GroveAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by8 opinions

  1. HCC Credit Corp. v. Springs Valley Bank & TrustIndiana Supreme Court · 1999
  2. Bank of New Hampshire v. United StatesDistrict Court, D. New Hampshire · 2000
  3. Sterling National Bank v. GoldbergAppellate Division of the Supreme Court of the State of New York · 2000
  4. Bank of NH v. USADistrict Court, D. New Hampshire · 2000
  5. Soffer v. General Motors, LLCAppellate Division of the Supreme Court of the State of New York · 2026

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