New York Court of Appeals

General Motors Acceptance Corporation, Appellant v. Clifton-Fine Central School District, Respondent

February 23, 199585 N.Y.2d 232

Summary

The New York Court of Appeals held that the school district’s payments to the dealer were not protected by UCC §9-318(3) because the assignment required payment to the assignee, and that factual issues regarding whether the assignee waived its rights preclude summary judgment. Accordingly, the Court denied the defendant’s motion for summary judgment and modified the Appellate Division’s order.