New York Court of Appeals, 1979

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

Flemington National Bank & Trust Co. v. Domler Leasing Corp.
New York Court of Appeals · Decided October 11, 1979
48 N.Y.2d 678; 397 N.E.2d 393; 421 N.Y.S.2d 881; 1979 N.Y. LEXIS 2335

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

Opinion of the Court

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 *680agreement 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.

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