Legal Opinion
Linde Hydraulics Corp. v. Kenco Equipment Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1977Published
1Opinion of the Court
Order unanimously affirmed, with costs, on the opinion at Special Term, Aronson, J., and the following memorandum: We add that failure of defendant, during the eight months after the sale and six months after the institution of this action, to take any action to ascertain the facts concerning the alleged impropriety in the manner of the sale of the collateral and to show that there is some substance to its claim in this respect justifies Special Term’s conclusion that this defense was a sham and could not bar the grant of partial summary judgment (Tausig & Son v Providence Washington Ins.…
2Cases cited8 opinions
- Jered Contracting Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1968
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- First National City Bank v. CooperAppellate Division of the Supreme Court of the State of New York · 1975
- Paul Tausig & Son, Inc. v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1967
- Paul Tausig & Son, Inc. v. Providence Washington InsuranceNew York Court of Appeals · 1968
3 more not listed; retrieve them via the Exa API.