LEASCO DATA PROCESS v. ATLAS SHIRT


66 Misc.2d 1089 (1971)

Leasco Data Processing Equipment Corporation, Plaintiff, v. Atlas Shirt Company, Inc., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

June 22, 1971


Attorney(s) appearing for the Case

Trachtenberg & Winick (Joseph Trachtenberg of counsel), for plaintiff. Kantor, Shaw & Ryan (Donald H. Shaw of counsel), for defendant.


LEONARD H. SANDLER, J.

The important issue squarely presented here is whether or not a secured creditor may recover a deficiency judgment under the Uniform Commercial Code after a sale of a respossessed article that was not conducted in accordance with the notice provisions of the statute (Uniform Commercial Code, § 9-504, subd. [3]).

In the only three reported New York cases involving the question that have come to my attention, the answer...

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