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MIDLANTIC COMMERCIAL LEASING CORP. v. D.B.A. KNITS, INC.

167 A.D.2d 117 (1990)

Midlantic Commercial Leasing Corp., Respondent, v. D.B.A. Knits, Inc., et al., Appellants

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

November 1, 1990

The IAS court properly directed defendants to surrender certain equipment in which defendants had granted plaintiff a security interest. The contention that a nonparty holds a security interest in the same property superior to that held by plaintiff is wholly irrelevant in this action, since the mere existence of a lien potentially senior to plaintiff's constitutes no defense (UCC 9-312). Plaintiff's case against said defendant...

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