Hyperlawhypertext legal databasebeta Flemington National Bank & Trust Co. v. Domler Leasing Corp. 48 N.Y.2d 678

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Flemington National Bank & Trust Co. v. Domler Leasing Corp.

48 N.Y.2d 678 Court N.Y. Decision date 1979-10-11 English

Contents

Majority

p. 678
Flemington National Bank & Trust Company (N. A.), Appellant, v Domler Leasing Corporation, Respondent, et al., Defendants.
Argued September 11, 1979;
decided October 11, 1979
p. 679
APPEARANCES OF COUNSEL
Jeffrey N. Rich and Richard S. Feldman for appellant.
Arthur Karger and David Abramowitz for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the majority at the Appellate Division, and for the reasons stated in the opinion of Mr. Justice Vincent A. Lupiano, that Domler’s obligation under the repurchase

p. 680
agreement did not extend to the Roselle-Twintex lease which had been assigned by Yegen to appellant bank more than two months prior to the execution of the repurchase agreement.

We find it unnecessary to reach or consider other issues.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.