IBJ Schroder Bank & Trust Co. v. Kerney

Full title: IBJ SCHRODER BANK TRUST COMPANY, Appellant, v. GARY R. KERNEY et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 25, 1994

200 A.D.2d 519 (N.Y. App. Div. 1994)

608 N.Y.S.2d 816

Opinion

January 25, 1994

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).

We agree with the IAS Court that material questions of fact exist with respect to the reasonableness of Schroder Bank's treatment of the collateral and its alleged refusal to sell it after repeated demands to do so by defendant (see, Federal Deposit Ins. Corp. v. Marino Corp., 74 A.D.2d 620, 621).

Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Tom, JJ.