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HEMPSTEAD BANK v. ANDY'S CAR RENTAL

35 A.D.2d 35 (1970)

Hempstead Bank, Appellant, v. Andy's Car Rental System, Inc., et al., Defendants, and Auto Buyers, Inc., Respondent

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

July 6, 1970.

Attorney(s) appearing for the Case

Dalton & Henoch (Gilbert Henoch of counsel), for appellant.

Murray Schwartz (Herbert Monte Levy of counsel), for respondent.

Leo P. Dorsey (James F. Hart of counsel), for New York State Bankers Association, amicus curiae.

George R. Adams for Long Island Bankers Association, Inc., amicus curiae.

HOPKINS, Acting P. J., MUNDER, BRENNAN and BENJAMIN, JJ., concur.

MARTUSCELLO, J.

The major question presented upon this appeal, which is one of first impression, is whether an automobile wholesaler who purchases used automobiles from an automobile leasing or rental company qualifies as a "buyer in ordinary course of business", as that term is defined by subdivision (9) of section 1-201 of the Uniform Commercial Code (hereinafter referred to as U. C. C.), and, therefore, purchases...

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