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

Oct 11, 1979
Versions:48 N.Y.2d 678
397 N.E.2d 393
421 N.Y.S.2d 881
1979 N.Y. LEXIS 2335

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 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.