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UCC Article 9 Requirement of Disposing of Collateral In A Commercially Reasonable Manner
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott Laninn collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief:
UCC Article 9 Requirement of Disposing of Collateral In A Commercially Reasonable Manner
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott Laninn collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief:
Equitable Estoppel as a Defense to Debt Collection or Foreclosure
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninA Plaintiff may be estopped from seeking to recover an alleged debt because of its own actions. Here is a quick excerpt from a case where equitable estoppel was raised.