Chrysler Capital Corp. v. Hilltop Egg Farms, Inc.

CourtNew York Supreme Court — Appellate Division
Writing for the CourtWEISS
Citation514 N.Y.S.2d 1002,129 A.D.2d 927
Decision Date23 April 1987
PartiesCHRYSLER CAPITAL CORPORATION, as Successor to E.F. Hutton Credit Corporation, Respondent, v. HILLTOP EGG FARMS, INC., Appellant.

Page 1002

514 N.Y.S.2d 1002
129 A.D.2d 927
CHRYSLER CAPITAL CORPORATION, as Successor to E.F. Hutton
Credit Corporation, Respondent,
v.
HILLTOP EGG FARMS, INC., Appellant.
Supreme Court, Appellate Division,
Third Department.
April 23, 1987.

Page 1003

Baum & Shawn, Monticello (David Gold, of counsel), for appellant.

Javits, Robinson, Brog, Leinwand & Reich, P.C., New York City (Robert M. Milner, of counsel), for respondent.

Before MAHONEY, P.J., and KANE, WEISS, YESAWICH and LEVINE, JJ.

WEISS, Justice.

Appeal (1) from an order of the Supreme Court (Williams, J.), entered October 20, 1986 in Sullivan County, which, inter alia, granted plaintiff's motion for summary judgment, and (2) from the judgment entered thereon.

Plaintiff, as successor in interest to E.F. Hutton Credit Corporation, commenced the instant action to recover rentals and late charges purportedly due under an equipment lease agreement with defendant. In the complaint, plaintiff averred that the parties entered into a "Master Lease Schedule Agreement" (MLA) in December 1982; that despite repeated demands, defendant failed to pay several monthly installments of $4,214.60; and that a principal balance of $96,935.80 plus late charges was due. After defendant submitted a general denial in its answer, plaintiff moved for summary judgment. Defendant opposed the motion and cross-moved to dismiss the complaint for failure to state a cause of action, specifically contending that plaintiff omitted the essential terms of the contract by failing to annex the MLA. Plaintiff explained that it failed to annex the MLA to the complaint through clerical error, and attached a copy of same to its attorney's responding affidavit. Supreme Court concluded that the defect in the complaint was corrected by this presentation of the MLA and granted plaintiff summary judgment on the complaint. Defendant has appealed.

Initially, we observe that Supreme Court properly considered the affidavit of plaintiff's attorney, to which the MLA was attached, in determining the sufficiency of the complaint (see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633, 635-636, 389 N.Y.S.2d 314, 357 N.E.2d 970; Mihalko v. Blood, 86 A.D.2d 723, 724, 446 N.Y.S.2d 573). The essence of defendant's argument is that even with the additional submissions, the complaint fails to set forth the essential terms of the contract. We agree.

In an action to recover damages for breach of contract, the complaint must, inter alia, set forth...

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48 practice notes
  • Keady v. Nike, Inc., No. 99 CIV. 11460(AGS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 21, 2000
    ...see Sud v. Sud, 211 A.D.2d 423, 621 N.Y.S.2d 37, 38 (1st Dep't 1995) (citing Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 514 N.Y.S.2d 1002 (3d Dep't 1987)), or the nature of the breach, see D'Accord Financial Servs. v. Metsa-Serla Oy, No. 98 Civ. 5847, 1999 WL 58916, ......
  • City of Syracuse v. Loomis Armored U.S., LLC, No. 5:11–cv–744 (MAD/TWD).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • September 28, 2012
    ...... by express reference.’ ” Id. (quoting Phoenix Four, 2006 WL 399396, at *10;Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 928, 514 N.Y.S.2d 1002, 1003 (App.Div. 3d Dep't 1987)). In the present matter, Plaintiff has plausibly alleged its breach of contract claim. Acco......
  • City of Syracuse v. Loomis Armored US, LLC, 5:11-cv-744
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • September 28, 2012
    .... . . by express reference.'" Id. (quoting Phoenix Four, 2006 WL 399396, at *10; Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 928, 514 N.Y.S.2d 1002, 1003 (App. Div. 3d Dep't 1987)).Page 29 In the present matter, Plaintiff has plausibly alleged its breach of contr......
  • Kasowitz, Benson, Torres & Friedman LLP v. Amira Nature Foods, Ltd., Index No. 158126/2016
    • United States
    • United States State Supreme Court (New York)
    • March 13, 2017
    ...11 Misc. 3d 1072, 816 N.Y.S.2d 693 [Sup. Ct., New York County 2006], citing Chrysler Capital Corporation. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 928, 514 N.Y.S.2d 1002 [3d Dept 1987], accord Valley Cadillac Corporation. v. Dick, 238 A.D.2d 894, 894 [4d Dept 1987]). It is well settled t......
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51 cases
  • Keady v. Nike, Inc., No. 99 CIV. 11460(AGS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 21, 2000
    ...see Sud v. Sud, 211 A.D.2d 423, 621 N.Y.S.2d 37, 38 (1st Dep't 1995) (citing Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 514 N.Y.S.2d 1002 (3d Dep't 1987)), or the nature of the breach, see D'Accord Financial Servs. v. Metsa-Serla Oy, No. 98 Civ. 5847, 1999 WL 58916, ......
  • City of Syracuse v. Loomis Armored U.S., LLC, No. 5:11–cv–744 (MAD/TWD).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • September 28, 2012
    ...... by express reference.’ ” Id. (quoting Phoenix Four, 2006 WL 399396, at *10;Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 928, 514 N.Y.S.2d 1002, 1003 (App.Div. 3d Dep't 1987)). In the present matter, Plaintiff has plausibly alleged its breach of contract claim. Acco......
  • Marshall v. American, Case No. 12–CV–3072 (KMK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 30, 2014
    ...claim”), on reconsideration, No. 08–CV–9628, 2011 WL 5121068 (S.D.N.Y. Oct. 28, 2011); Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 514 N.Y.S.2d 1002, 1003 (1987) (holding that a complaint [51 F.Supp.3d 469] alleging breach of contract under New York law must “set fort......
  • Marshall v. Hyundai Motor Am., Case No. 12–CV–3072 KMK.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 30, 2014
    ...on reconsideration, No. 08–CV–9628, 2011 WL 5121068 (S.D.N.Y. Oct. 28, 2011) ; Chrysler Capital Corp. v. Hilltop Egg Farms, Inc., 129 A.D.2d 927, 514 N.Y.S.2d 1002, 1003 (1987) (holding that a complaint 51 F.Supp.3d 469alleging breach of contract under New York law must “set forth the terms......
  • Request a trial to view additional results

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