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LELY CORP. v. CAPITAL GROUP OF BRUNSWICK, INC.

245 A.D.2d 739 (1997)

665 N.Y.S.2d 737

Lely Corporation, Appellant, v. Capital Group of Brunswick, Inc., Doing Business as Capital Agway, et al., Respondents

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

December 11, 1997

Mikoll, J.

On December 13, 1994 defendant Capital Group of Brunswick, Inc. (hereinafter defendant) submitted a dealer application for sale of Kioti equipment to plaintiff which was accepted. Defendant signed a security agreement with plaintiff on December 27, 1994 which was guaranteed by its president, defendant Cynthia Konieczny. The application was approved by plaintiff's credit manager on January 11, 1995. Plaintiff sold defendant three tractors and...

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