SUMNER v. EXTEBANK


58 N.Y.2d 1087 (1983)

Eugene Sumner et al., Appellants, v. Extebank, as Successor in Interest to Century National Bank and Trust Company, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1983.


Attorney(s) appearing for the Case

James P. Rau and Christophil B. Costas for appellants.

John J. Madden, Jr., Thomas M. Geisler, Jr., and Joanna Shally for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to appellants, by reversing so much of the order as granted judgment to defendant and dismissed the complaint, and by reinstating the order of Trial Term, which ordered a new trial, and as so modified, affirmed.

Plaintiffs contend that defendant's private sale of stock held as collateral was improper under section 9-504 of the Uniform...

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