ABLECO FINANCE LLC v. HILSON

4159, 650618/09.

81 A.D.3d 416 (2011)

916 N.Y.S.2d 51

ABLECO FINANCE LLC, Respondent, v. JOHN F. HILSON et al., Appellants.

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

Decided February 1, 2011.


The documentary evidence does not conclusively establish a defense to plaintiff's allegations that defendants failed to adequately advise it that it was not getting a first priority security interest in all the borrower's existing and future assets, which included the inventory purchased from the bankrupt retail clothing chain, as well as the borrower's interest in proceeds derived from acting as the retailer's agent for liquidated assets that could not be purchased because...

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