Albany Discount Corp. v. Mohawk National Bank
New York Court of Appeals
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
- City of Rutland v. KeifferSupreme Court of Vermont · 1964
- Palethorpe v. ThomsonSupreme Court of Florida · 1965
- Recchio v. Manufacturers & Traders Trust Co.New York Supreme Court · 1968
- In Re VinarskyDistrict Court, N.D. New York · 1968
- Village of Harriman v. KabinoffNew York Supreme Court · 1963
3Cited by4 opinions
- 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
- Harwell v. First National Bank of Wetumpka (In Re Sewell)United States Bankruptcy Court, N.D. Alabama · 1983
- In Re GrayUnited States Bankruptcy Court, W.D. Oklahoma · 1984
- In Re SemrauUnited States Bankruptcy Court, W.D. New York · 1995