FLEMINGTON NATL. BK. TR. CO. v. DOMLER LEASING CORP., 48 N.Y.2d 678 (1979)

421 N.Y.S.2d 881, 397 N.E.2d 393

FLEMINGTON NATIONAL BANK TRUST COMPANY (N.A.), Appellant, v. DOMLER LEASING CORPORATION, Respondent, et al., Defendants.

Court of Appeals of the State of New York.Argued September 11, 1979
Decided October 11, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MANUEL A. GOMEZ, J.

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Jeffrey N. Rich and Richard S. Feldman for appellant.

Arthur Karger and David Abramowitz for respondent.

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

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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.