Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioner seeks to enforce a security interest in an excavator that petitioner sold to R. L. Portner, Inc., in 1988. In 1991 the excavator was sold to respondent, by either Oneida Rental, Madison Lumber or R. L. Portner, Inc., all of which are owned or operated by Randy Portner. It is undisputed that Oneida Rental and Madison Lumber were...
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