NU-WAY DISTRIB. CORP. v. SCHOIKERT


44 A.D.2d 840 (1974)

Nu-Way Distributing Corp., Respondent, v. Norman Schoikert et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. Multi-Purpose Capital Corp., Third-Party Defendant-Appellant

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

May 20, 1974


Judgment reversed, on the law, with costs to appellants against plaintiff, and complaint and third-party complaint dismissed on the merits.

As the basis for its decision, the trial court construed subdivision (5) of section 9-313 of the Uniform Commercial Code as being permissive and permitting a creditor to recover the purchase price of goods, from a nondebtor who was in possession of the goods subject to the creditor's rights, as opposed to repossessing the

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