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GEN. MOTORS ACCEPTANCE CORP. v. FAIRWAY DODGE SALES, INC.

80 A.D.2d 740 (1981)

General Motors Acceptance Corporation, Respondent, v. Fairway Dodge Sales, Inc., Appellant and Third-Party Plaintiff-Appellant. Jean G. Murphy et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

February 26, 1981

Order unanimously modified and, as modified, affirmed, with costs to third-party plaintiff against third-party defendants, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Plaintiff, the holder of a perfected security interest in a 1972 Chevrolet Vega automobile which existed by virtue of a retail installment sales contract between John Murphy and Dan Creed Chevrolet, Inc., was properly granted summary...

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