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.