SEC. TRUST v. THOMAS


59 A.D.2d 242 (1977)

Security Trust Company of Rochester, Respondent, v. Earl E. Thomas et al., Appellants

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

November 4, 1977


Attorney(s) appearing for the Case

Martin S. Handelman for appellants.

Harris, Beach, Wilcox, Rubin & Levey (Paul J. Yesawich, III, of counsel), for respondent.

MARSH, P. J., MOULE, DENMAN and GOLDMAN, JJ., concur.


WITMER, J.

This appeal requires us to determine whether a secured lender who repossesses the security from the defaulting debtor and sells it at public or private sale may recover a deficiency judgment against the debtor without proving that its notice to the debtor of the sale was reasonable and that the sale was conducted in a commercially reasonable manner. We hold that it cannot; that questions of fact were...

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