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ROEMER & ZELLER v. ACE TRANS

114 Misc.2d 310 (1982)

Roemer and Zeller, Inc., Plaintiff, v. Ace Transmission Center, Inc., Defendant. Chase Manhattan Bank, N. A., Intervenor.

Supreme Court, Special Term, Albany County.

June 3, 1982

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh (E. Guy Roemer of counsel), for plaintiff. McCarthy & Evanick (William M. McCarthy of counsel), for defendant. Hinman, Straub, Pigors & Manning (Harold C. Hanson of counsel), for intervenor.

LAWRENCE E. KAHN, J.

Plaintiff seeks an order pursuant to CPLR article 63 and section 9-503 of the Uniform Commercial Code, restraining the defendant, Ace Transmission Center, Inc. (Ace), from disposing of certain collateral heretofore sold by plaintiff to it, and requiring Ace to permit replevin of said collateral. Chase Manhattan Bank, N. A. (Chase) has been permitted to intervene in this action in opposition to plaintiff's request for relief.

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