Assignment Under UCC

 
By Berkowitz, Lefkovits, Isom & Kushner, P.C.

Copelco Capital, Inc. v. Packaging Plus Services, Inc., 1997 WL 633893 (N.Y.A.D. 10/14/97). ASSIGNMENT - UCC §9-206(1) states that an agreement by a buyer or lessee that he will not assert any claim or defense he may have against the seller or lessor against the seller's/lessor's assignee is enforceable IF the assignee takes assignment for value, in good faith, and without notice of a claim or defense by the buyer/lessee. This case, in which the assignee was protected, is mainly notable as a reminder that some true lease protections actually exist outside of Article 2A.






© 1997  Berkowitz, Lefkovits, Isom & Kushner, P.C.

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