REPRESENTATIVE DECISIONS

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Copelco Capital, Inc. v. Packaging Plus Services, Inc., 243 A.D.2d 534

In this action, MHH&H represented a commercial equipment leasing company seeking to enforce an equipment lease that was governed by Article 2A of the Uniform Commercial Code.  After winning a motion for summary judgment on behalf of the plaintiff at the trial court level, the defendant appealed to the Appellate Division.  The Appellate Division, applying New Jersey law, held that the equipment lessor, as assignee of the original lessor, was a holder in due course not subject to any defenses that the defendant may have against the original lessor and that the waiver of defenses clause contained in the lease was enforceable by the assignee.

Copelco Capital, Inc. v. Packaging Plus Services, Inc., 243 A.D.2d 534

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