AVIS-RENT-A-CAR SYS. v. FRANKLIN


82 Misc.2d 66 (1975)

Avis-Rent-a-Car System, Inc., Respondent, v. Joan Franklin, Also Known as Joan F. Mosley, Appellant.

Supreme Court, Appellate Term, Second Department.

February 28, 1975


Attorney(s) appearing for the Case

Joan Franklin, appellant pro se. Herbert Epstein for respondent.

Concur: GROAT, P. J., SCHWARTZWALD and PINO, JJ.


MEMORANDUM.

In our opinion, the "lease agreement" is, in fact, a secured transaction within the meaning of article 9 of the Uniform Commercial Code. Unlike a mere lease, the agreement in question is of an indefinite duration and, at its inception, passes all the risks and indicia of ownership of the vehicle to the defendant. Defendant not only insures against any loss to the plaintiff of its capitalized cost, but after 26...

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