BERKOWITZ v. CHAVO INT'L, INC.


144 A.D.2d 263 (1988)

Susan Berkowitz, Appellant, v. Chavo International, Inc., Defendant. Congress Talcott Corp., Intervenor-Respondent

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

November 10, 1988


The dispute is between a judgment creditor and a secured party over who has priority to an obligation, denominated a promissory note but concededly nonnegotiable, owing to their mutual debtor. We assume in the secured party's favor that by reason of an after-acquired property clause in its contract with the debtor, said to constitute a security agreement, a security interest in the note attached in the secured party's favor immediately upon its issuance. Notwithstanding that...

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