ALL GOOD LEASING CORP. v. BIMCO INDUS., INC.


143 A.D.2d 788 (1988)

All Good Leasing Corp., Respondent, v. Bimco Industries, Inc., et al., Appellants

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

October 17, 1988


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiff's motion for summary judgment is denied.

We find that the defendants presented sufficient evidence to establish that there is a triable issue of fact as to whether the leases involved in this action are secured transactions under article 9 of the Uniform Commercial Code. Accordingly, the plaintiff was not entitled to summary judgment in its favor, and...

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