LINDE HYDRAULICS CORP. v. KENCO EQUIP. CO., INC.


59 A.D.2d 1016 (1977)

Linde Hydraulics Corporation, Respondent v. Kenco Equipment Company, Inc., Appellant

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

November 4, 1977


Order unanimously affirmed, with costs, on the opinion at Special Term, Aronson, J.

Memorandum:

We add that failure of defendant, during the eight months after the sale and six months after the institution of this action, to take any action to ascertain the facts concerning the alleged impropriety in the manner of the sale of the collateral and to show that there is some substance to its claim in this respect justifies Special Term's conclusion that this defense...

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