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NORTHWAY EXCHANGE, INC. v. DUFRANE

258 A.D.2d 766 (1999)

685 N.Y.S.2d 848

NORTHWAY EXCHANGE, INC., Doing Business as NORTHWAY EXCHANGE AUTO AUCTION, et al., Respondents, v. WILLIS E. DUFRANE, Doing Business as PEANUTS SALES & SERVICE, et al., Defendants, and KEY BANK OF NEW YORK, N. A., Appellant.

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

Decided February 11, 1999.

Spain, J.

On January 29, 1998 and February 5, 1998, defendant Willis E. Dufrane, doing business as Peanuts Sales & Service, purchased 13 vehicles at an auction conducted by plaintiff Northway Exchange, Inc., doing business as Northway Exchange Auto Auction. Dufrane borrowed the total sum of $134,175 from plaintiffs Manheim Auctions, Inc. and Manheim Automotive Financial Services, Inc. (hereinafter collectively referred to as the Manheim plaintiffs) and used these...

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