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NORSTAR BANK OF UPSTATE NEW YORK v. BENNETT FUNDING GROUP

167 A.D.2d 961 (1990)

Norstar Bank of Upstate New York, Appellant, et al., Plaintiff, v. Bennett Funding Group, Doing Business as Aloha Leasing, Respondent

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

November 16, 1990

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for summary judgment against defendant for recovery of collateral pursuant to a security agreement between the Bank of New York and Cole Copy Systems, Inc. Plaintiff failed to establish, by evidence in admissible form, that it was an assignee of the Bank of New York's perfected security interest. Moreover, plaintiff has not established that the collateral was...

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