Appellate Division of the Supreme Court of the State of New York March 9, 1995 (CIT Group/Equipment Financing, Inc. v. Abele Tractor & Equipment Co.)

Crew III, J.

Appeal from that part of an order of the Supreme Court (Kahn, J.), entered January 24, 1994 in Albany County, which denied plaintiffs motion for summary judgment.

On March 15, 1989, Zeev Wolf purchased a hydraulic excavator from defendant at which time the parties executed a purchase contract/security agreement (hereinafter the security agreement).