SPG ADVANCE, LLC v. KEY BANK N.A.

Index No. 652645/20. Appeal No. 14499. Case No. 2020-04216.

198 A.D.3d 584 (2021)

152 N.Y.S.3d 911

2021 NY Slip Op 05837

SPG Advance, LLC, Doing Business as Tiger Capital Group, Appellant, v. Key Bank National Association, Respondent.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

Austin LLP, New York ( David J. Austin of counsel), for appellant.

Nolan Heller Kauffman LLP, Albany ( Marco B. Koshykar of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.


Defendant established through documentary evidence that its security interest in American Heritage's receivables, perfected in 2012, had priority over the interest of plaintiff, whose security interest was perfected in 2020. We note, as a preliminary matter, that in many instances plaintiff speculates in the complaint about future events and actions that it alleges would have been taken by nonparty Costco Wholesale Corporation, the holder of the subject restrained funds,...

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