Legal Opinion

Security Trust Co. v. Thomas

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

Decided November 4, 1977PublishedCited by 39 opinions

1Opinion of the CourtWitmer, J.

This appeal requires us to determine whether a secured lender who repossesses the security from the defaulting debtor and sells it at public or private sale may recover a deficiency judgment against the debtor without proving that its notice to the debtor of the sale was reasonable and that the sale was conducted in a commercially reasonable manner. We hold that it cannot; that questions of fact were presented on the pleadings herein at Special Term; and that Special Term erred in granting the plaintiff lender’s motion for summary judgment for the amount of the alleged deficiency on its loan…

2Cases cited12 opinions

  1. Universal C. I. T. Credit Co. v. RoneSupreme Court of Arkansas · 1970
  2. In Re Zsa Zsa LimitedDistrict Court, S.D. New York · 1972
  3. Mallicoat v. Volunteer Finance & Loan Corp.Court of Appeals of Tennessee · 1966
  4. Weaver v. O'Meara Motor CompanyAlaska Supreme Court · 1969
  5. Central Budget Corp. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1975

7 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. S. M. Flickinger Co. v. 18 Genesee Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  2. First Galesburg National Bank & Trust Co. v. JoannidesIllinois Supreme Court · 1984
  3. Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
  4. In the Matter of Excello Press, Inc., Debtor. Appeal of Metlife Capital Credit CorporationCourt of Appeals for the Seventh Circuit · 1989
  5. Credit Alliance Corp. v. David O. Crump Sand & Fill Co.District Court, S.D. New York · 1979

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API