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FINOVA CAPITAL CORPORATION v. BERGER

18 A.D.3d 256 (2005)

794 N.Y.S.2d 379

FINOVA CAPITAL CORPORATION, Respondent, v. C. JAYE BERGER, Appellant. (And a Third-Party Action.)

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

May 10, 2005.

Plaintiff claims that defendant attorney issued an opinion letter negligently misrepresenting potential security interests in the assets of her client, a wholesale produce distributor, in order to induce plaintiff to provide the client with a line of credit. Specifically, the opinion letter is alleged to have omitted or misrepresented the existence or impending existence of claims pursuant to the Perishable Agricultural Commodities Act (PACA) (7 USC § 499a et seq...

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