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Morgan v. Gordon Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 30 (N.Y. App. Div. 1994)

Opinion

December 6, 1994

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


Defendants' security interest in the cooperative apartment was not perfected by the filing of UCC financing statements prior to October 1, 1988, the effective date of subdivision (7) of UCC 9-304, permitting perfection of such a security interest only by filing, and thus cannot defeat plaintiff's rights as a bona fide purchaser in physical possession of the stock certificate and proprietary lease attributable to the apartment (see, Matter of State Tax Commn. v Shor, 43 N.Y.2d 151, 158; Brief v 120 Owners Corp., 157 A.D.2d 515; Saada v Master Apts., 152 Misc.2d 861).

Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Tom, JJ.


Summaries of

Morgan v. Gordon Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 30 (N.Y. App. Div. 1994)
Case details for

Morgan v. Gordon Co.

Case Details

Full title:PATRICK MORGAN, Respondent, v. GORDON CO., Appellant, et al., Defendants

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

Date published: Dec 6, 1994

Citations

210 A.D.2d 30 (N.Y. App. Div. 1994)
618 N.Y.S.2d 817