SHAGALOV v. EDELMAN

6449N, 655576/17.

161 A.D.3d 455 (2018)

76 N.Y.S.3d 33

2018 NY Slip Op 03240

Anatole Shagalov et al., Respondents-Appellants, v. Asher Edelman et al., Appellants-Respondents, et al., Defendants.

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

Decided May 3, 2018.


Plaintiffs demonstrated that the parties' arrangement may constitute a collateralized loan and that therefore they were entitled to notice concerning the disposition of the collateral under UCC article 9. Accordingly, plaintiffs met their burden of establishing a reasonable probability of success on the merits of their claim that defendants violated their UCC article 9 rights when they sold Haring's "Untitled (June 3, 1984)" and the Haring Tarp (see Barbes Rest. Inc. v...

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