Banco Popular v. Victory Taxi
| Decision Date | 19 February 2004 |
| Parties | BANCO POPULAR NORTH AMERICA, Respondent, v. VICTORY TAXI MANAGEMENT, INC., Defendant, and JAFA ALBAZ, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Stephen David Fink, Forest Hills, for appellant.
Sankel, Skurman & McCartin, LLP, New York City (Claudio Dessberg of counsel), for respondent.
At various times over the course of a year, defendant Victory Taxi Management, Inc. purchased 14 taxicabs with financing provided by plaintiff Banco Popular North America. Victory subsequently discontinued business operations and defaulted on the loans, owing Banco Popular more than $160,000 under the terms of its vehicle retail installment contracts. After Banco Popular demanded payment in full, the parties agreed that Victory would sell 10 of its vehicles to offset the debt. The proceeds of these sales—$25,000—was paid to Banco Popular to reduce Victory's outstanding principal loan balance.
Banco Popular then initiated this action by filing a motion for summary judgment in lieu of a complaint (see CPLR 3213) against Victory and defendant Jafa Albaz, seeking to recover the remaining monies owed. The bank asserted that Albaz had cosigned 13 of the 14 installment contracts and was therefore personally liable upon the default. Albaz submitted an affidavit in opposition to the motion in which she claimed that her signature on the bank documents had been forged. Albaz also relied upon a report from a purported handwriting expert who opined that "Albaz can not be identified as the writer of the questioned signatures" after comparing facsimile copies of the installment contracts with numerous documents bearing Albaz's signature (the comparison documents were not included in any submissions to the trial court).
Supreme Court granted Banco Popular's motion for summary judgment against both defendants, concluding that neither Albaz's affidavit nor the report of the handwriting examiner—which was unsworn and inadmissible—was sufficient to create an issue of fact regarding the authenticity of the signatures. Albaz moved to reargue and renew her opposition to summary judgment after her expert examined the original loan documents and prepared a sworn affidavit. Supreme Court rejected her argument, noting that there was no change in the document examiner's inconclusive opinion, which remained inadequate to raise a triable issue of fact. The Appellate Division affirmed the award of summary judgment to Banco Popular, and having granted leave to appeal, we now also affirm.
CPLR 3213, which allows actions based upon an instrument for the payment of money only to be commenced with a motion for summary judgment rather than a complaint, "provide[s] a speedy and effective means" for resolving "presumptively meritorious" claims (Interman Indus. Prods. v R.S.M. Electron Power, 37 NY2d 151, 154 [1975]; see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3213:1). A party utilizing this accelerated judgment procedure prevails "if, upon all the papers and proof submitted, the cause of action... shall be established sufficiently to warrant the court as a matter of law in directing judgment" for the plaintiff (CPLR 3212 [b]). A defendant can...
To continue reading
Request your trial
-
Great Plains Capital Corp. v. Levi
...v. Woolverton, 142 A.D.2d 703 [2nd Dept., 1988], lv. denied 73 N.Y.2d 702 [1988] ) accord in the cases Banco Popular North America v. Victory Taxi Mgmt., Inc., 1 NY3d 381, 383 [ (2004]; Maestro v. Carroll, 296 A.D.2d 802, 745 N.Y.S2d 619 [3rd Dept., 2002]; BDE Vito v. Bejamin, 243 A.D.2d 60......
-
Baines v. Daily News L.P.
...LLC v. Hilson, 109 A.D.3d 438, 439, 970 N.Y.S.2d 775 (1st Dep't 2013), is unsworn hearsay, Banco Popular N. Am. v. Victory Taxi Mgt., Inc., 1 N.Y.3d 381, 384, 774 N.Y.S.2d 480, 806 N.E.2d 488 (2004) ; Rodriguez v. City of New York, 105 A.D.3d 623, 624, 963 N.Y.S.2d 640 (1st Dep't 2013) ; Ro......
-
Robert M. Schneider, M.D., P.C. v. Licciardi, 19-0120
...Miller v. Lu-Whitney , 61 A.D.3d 1043, 1047, 876 N.Y.S.2d 211 [3d Dept. 2009] ; see Banco Popular North America v. Victory Taxi Management, Inc. , 1 N.Y.3d 381, 383, 774 N.Y.S.2d 480, 806 N.E.2d 488 [2004] ["[A]verments merely stating conclusions, of fact or of law, are insufficient" to "de......
-
Arnav Indus., Inc. v., Index No. 13965/1990
...is not essential, more than a bare allegation of forgery is required to contest a signature's authenticity. Banco Popular N. Am. v. Victory Taxi Mgt., Inc., 1 N.Y.3d 381, 384 (2004) ; CIT Tech. Fin. Servs. I LLC v. Bronx Westchester Med. Group, P.C., 117 A.D.3d 567, 567 (1st Dep't 2014); Pe......
-
Documents
...v. Piccolo Mondo 21st Century, Inc. , 98 A.D.3d 499, 949 N.Y.S.2d 444 (2d Dept. 2012); Banco Popular N. Am. v. Victory Taxi Mgmt., Inc. , 1 N.Y.3d 381, 806 N.E.2d 488 (2004). here is a presumption of due execution if the signature is notarized. John Deere Ins. Co. v. GBE/Alasia Corp. , 57 A......
-
Documents
...its authenticity must assert more than a bald statement that the signature is a forgery. Banco Popular N. Am. v. Victory Taxi Mgt., Inc. , 1 N.Y.3d 381, 774 N.Y.S.2d 480 (2004); Globe Trade Cap., LLC v. Hoey , 199 A.D.3d 764 (2d Dept. 2021); AC Penguin Prestige Corp. v. Two Thousand Fifteen......
-
Documents
...v. Piccolo Mondo 21st Century, Inc. , 98 A.D.3d 499, 949 N.Y.S.2d 444 (2d Dept. 2012); Banco Popular N. Am. v. Victory Taxi Mgmt., Inc. , 1 N.Y.3d 381, 806 N.E.2d 488 (2004). here is a presumption of due execution if the signature is notarized. John Deere Ins. Co. v. GBE/Alasia Corp. , 57 A......