MARINE MIDLAND BANK v. ST. LOUIS


75 A.D.2d 972 (1980)

Marine Midland Bank, Respondent, v. Shayne St. Louis et al., Appellants

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

May 29, 1980


The defendants sought to avoid liability on this unpaid obligation in the form of a retail installment contract by alleging that the plaintiff failed to carry out the repossession and sale of the collateral security (a motor vehicle) in a "commercially reasonable" manner as required by subdivision (3) of section 9-504 of the Uniform Commercial Code. The County Court granted summary judgment upon a finding that the mere fact of a resale of the security at a price much less...

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