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GILLIGAN v. BRIAR HILL LANES, INC.

250 A.D.2d 809 (1998)

673 N.Y.S.2d 711

Robert Gilligan, Plaintiff, v. Briar Hill Lanes, Inc., et al., Defendants. (Action No. 1.) Robert Gilligan, Respondent, v. Joseph T. Melian, Appellant. (Action No. 2.)

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

May 26, 1998

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the trial court properly concluded that UCC 9-505 (2) was applicable to this case. Pursuant to UCC 9-505 (2), a secured party must provide written notice to the defaulting debtor of an election to retain collateral in satisfaction of the debt. The appellant failed to provide the requisite written notice and therefore did not become the legal owner of...

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