HUTTON v. WADE MARINE CORP.


69 A.D.2d 897 (1979)

Richard E. Hutton, Respondent, v. Wade Marine Corp., Defendant, and Bank of Smithtown, Appellant

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

April 30, 1979


Order affirmed, with $50 costs and disbursements.

We agree with appellant that former subdivision 9 of section 302 of the Personal Property Law is inapplicable to the instant action. Plaintiff, however, has no need to resort to this provision, since the retail installment contract provides, in conformance with Federal Law (see 16 CFR 433.2), that the holder of the contract (appellant) is subject to all claims which the debtor (plaintiff) could assert against the seller...

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