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ROBERGE v. BANKERS TRUST CO.

84 A.D.2d 8 (1981)

John Roberge, Individually and Doing Business as Burnt Hills Auto Sales, Appellant, v. Bankers Trust Company of Albany, N. A., Respondent, et al., Defendants

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

December 31, 1981

Attorney(s) appearing for the Case

Grogan, Heggen & Steenburg, P. C. (David H. Pentkowski of counsel), for appellant.

Cooper, Erving & Savage (Stephen J. Waite of counsel), for Bankers Trust Company of Albany, N. A., respondent.

CASEY, MIKOLL and HERLIHY, JJ., concur with SWEENEY, J. P.; MAIN, J., not taking part.

SWEENEY, J. P.

On January 30, 1979, defendant Bankers Trust Company of Albany, N. A. (Bankers Trust) loaned defendant Morton $1,670 and he signed a note and security agreement granting Bankers Trust a security interest in his 1974 Fiat automobile. Bankers Trust did not record its security interest in the Fiat on the vehicle's certificate of title. Morton defaulted on the note and Bankers Trust took possession...

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