WILLIAMS v. BURKE


278 A.D.2d 140 (2000)

718 N.Y.S.2d 316

ALFRED WILLIAMS, Appellant, v. JOSEPH BURKE, Respondent.

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

Decided December 21, 2000.


Although plaintiff claims to be the owner of shares of stock allegedly assigned to him by defendant as security for the repayment of a loan that subsequently went into default, defendant's obligation to repay the loan was discharged in bankruptcy and plaintiff did not, prior to the discharge of the loan obligation, perfect his security interest in the assigned shares. Pursuant to UCC 9-304, plaintiff, to perfect his security interest, was required to take possession of the...

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