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BANCO POPULAR v. VICTORY TAXI

1 N.Y.3d 381 (2004)

806 N.E.2d 488

774 N.Y.S.2d 480

BANCO POPULAR NORTH AMERICA, Respondent, v. VICTORY TAXI MANAGEMENT, INC., Defendant, and JAFA ALBAZ, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2004.

Attorney(s) appearing for the Case

Stephen David Fink, Forest Hills, for appellant.

Sankel, Skurman & McCartin, LLP, New York City (Claudio Dessberg of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

GRAFFEO, J.

At various times over the course of a year, defendant Victory Taxi Management, Inc. purchased 14 taxicabs with financing provided by plaintiff Banco Popular North America. Victory subsequently discontinued business operations and defaulted on the loans, owing Banco Popular more than $160,000 under the terms of its vehicle retail installment contracts. After Banco Popular demanded payment in full, the parties agreed that Victory...

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