Legal Opinion

Albany Discount Corp. v. Mohawk National Bank

New York Court of Appeals

Decided April 8, 1971PublishedCited by 4 opinions

1Opinion of the CourtBreitel, J.

In a contest between the assignee of a purchase-money financing sales contract and a subsequent mortgagee of a mobile home, the subsequent lienor has prevailed because the assignee had failed to make a timely refiling or equivalent provision as required by the Uniform Commercial Code in order to maintain its status as holder of a perfected security interest. The only issue is whether the mobile home is a motor vehicle under section 9-302 (subd. [1], par. [d]) of the code. If it is, a financing statement or equivalent affecting it must be filed and for failure to do so a subsequent lienor who…

2Cases cited5 opinions

  1. City of Rutland v. KeifferSupreme Court of Vermont · 1964
  2. Palethorpe v. ThomsonSupreme Court of Florida · 1965
  3. Recchio v. Manufacturers & Traders Trust Co.New York Supreme Court · 1968
  4. In Re VinarskyDistrict Court, N.D. New York · 1968
  5. Village of Harriman v. KabinoffNew York Supreme Court · 1963

3Cited by4 opinions

  1. In Re Douglas G. Knapp and Gloria J. Knapp, Bankrupt. Red Carpet Homes of Johnstown, Inc. v. Stephen Gerling, Trustee in BankruptcyCourt of Appeals for the Second Circuit · 1978
  2. Harwell v. First National Bank of Wetumpka (In Re Sewell)United States Bankruptcy Court, N.D. Alabama · 1983
  3. In Re GrayUnited States Bankruptcy Court, W.D. Oklahoma · 1984
  4. In Re SemrauUnited States Bankruptcy Court, W.D. New York · 1995

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