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U. M. & M. CREDIT CORP. v. PETTIBONE CORP.

33 Misc.2d 635 (1962)

U. M. & M. Credit Corporation, Plaintiff, v. Pettibone Mulliken Corporation, Defendant.

Supreme Court, Special and Trial Term, New York County.

April 11, 1962

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Alvin K. Hellerstein of counsel), for plaintiff. Joseph W. Genzardi for defendant.

ABRAHAM N. GELLER, J.

This action for conversion of a front-end-loader, a piece of heavy construction equipment, involves a question of priority as between defendant manufacturer (Pettibone Mulliken), holder of a first but unfiled mortgage, and plaintiff finance company (U. M. & M.), holder of a subsequent mortgage on the same equipment. In addition to various defenses raising issues as to U. M. & M...

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