G.E. FIN. v. SPARTAN MOTORS


246 A.D.2d 41 (1998)

675 N.Y.S.2d 626

General Electric Capital Commercial Automotive Finance, Inc., Respondent, v. Spartan Motors, Ltd., et al., Defendants, and General Motors Acceptance Corporation, Appellant

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

July 20, 1998


Attorney(s) appearing for the Case

Robert W. Fink, Goshen, for appellant.

McCabe & Mack, L. L. P., Poughkeepsie (Jace D. McKeighan and Richard R. DuVall of counsel), for respondent.

COPERTINO, J. P., KRAUSMAN and GOLDSTEIN, JJ., concur.


FRIEDMANN, J.

This appeal arises from a dispute between two automobile finance companies as to which had a superior security interest in two Mercedes-Benz cars — part of the inventory of the defendant Spartan Motors, Ltd. (hereinafter Spartan), a now-defunct car dealership. The issue presented is whether by advancing Spartan the funds to purchase the vehicles after Spartan itself had already paid for and...

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