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BANK LEUMI TRUST CO. OF NEW YORK v. COLLINS SALES SERV., INC.

47 N.Y.2d 888 (1979)

Bank Leumi Trust Company of New York, Respondent, v. Collins Sales Service, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided June 14, 1979.

Attorney(s) appearing for the Case

James R. Moffatt for appellants.

Amos Alter and Stephen F. Harmon for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEMORANDUM.

The order appealed from should be affirmed, with costs, for the reasons stated at the Appellate Division.

We take this opportunity, however, to comment upon defendants' use of section 9-318 of the Uniform Commercial Code as an affirmative defense in this action. Plaintiff Bank Leumi Trust Co. loaned money to Precision Graphics, Inc., this loan being secured, in part, by an interest in Precision's accounts...

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