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RESOURCE FIN. CO. v. CYNERGY DATA LLC

10124, 650142/11.

106 A.D.3d 562 (2013)

966 N.Y.S.2d 24

2013 NY Slip Op 3595

RESOURCE FINANCE COMPANY et al., Respondents, v. CYNERGY DATA LLC et al., Defendants, and CARD PAYMENT SERVICES, LLC, et al., Appellants.

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

Decided May 21, 2013.

Because neither plaintiffs nor their debtors ever obtained the required consent from defendant Card Payment Systems of New York, LLC (CPS LLC) to grant plaintiffs a security interest in CPS LLC's assets, no such interest was created (see Richard T. Blake & Assoc. v Aetna Cas. & Sur. Co., 255 A.D.2d 569 [2d Dept 1998]). Although plaintiffs can enforce debtors' rights under various...

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