KAPLAN v. WALKER


164 N.J. Super. 130 (1978)

395 A.2d 897

ROBERT KAPLAN ET AL., PLAINTIFFS-APPELLANTS, v. JOHN E. WALKER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1978.


Attorney(s) appearing for the Case

Mr. Reuben W. Massarsky, attorney for appellants.

Mr. Martin Newmark, attorney for respondent.

Before Judges CONFORD, PRESSLER and KING.


The opinion of the court was delivered by CONFORD, P.J.A.D.

The question presented by this appeal is whether the holder of an unperfected security interest in a motor vehicle can prevent the effectuation of the prima facie priority in the vehicle conferred upon the debtor's equity receiver under the Uniform Commercial Code and the Motor Vehicle Law, by invocation of principles of equitable subrogation. We respond to that question in the affirmative.

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