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BERKOWITZ v. CHAVO INTL.

74 N.Y.2d 144 (1989)

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

Court of Appeals of the State of New York.

Decided July 11, 1989.

Attorney(s) appearing for the Case

Richard Weinberger and Mitchell D. Kessler for intervenor-appellant.

Gabriella Jordan and Robert A. Gaynor for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

The issue presented on this appeal is whether a promissory note executed in favor of the judgment debtor is an instrument under UCC 9-105 (1) (i) such that intervenor Congress Talcott Corp. was required to take possession of the note in order to perfect its security interest therein prior to execution of a lien on the note's proceeds obtained by the judgment...

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