ALBANY DISC. CORP. v. MOHAWK NAT'L BANK OF SCHENECTADY


30 A.D.2d 623 (1968)

Albany Discount Corporation, Appellant, v. Mohawk National Bank of Schenectady, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 27, 1968


GABRIELLI, J.

In view of the existence of factual questions, summary judgment should not have been granted to respondent. Because of the vagueness of the precise coverage intended by the financing statement of November 18, 1965 and, further since appellant and respondent each claims its alleged lien is superior to the other and there being no showing as to when the original lienor-purchaser surrendered or traded...

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