Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.
| Court | New York Supreme Court — Appellate Term |
| Citation | 64 Misc.2d 910,316 N.Y.S.2d 585 |
| Parties | HERTZ COMMERCIAL LEASING CORPORATION, Plaintiff-Appellant, v. TRANSPORTATION CREDIT CLEARING HOUSE, INC., Wallace Johnson, Robert Brown, Howard Denney and Anna Denney, Defendants-Respondents. |
| Decision Date | 08 January 1970 |
Sahn, Shapiro & Epstein, New York City (Morris Shapiro and Alan R. Katz, New York City, of counsel), for appellant.
Samuel Burstein, New York City, for Transportation Credit Clearing House, Inc., and another, respondents.
Before QUINN, J.P., and GOLD and MARKOWITZ, JJ.
In this action alleging default in rental payments upon equipment lease agreements, the plaintiff's moving papers for summary judgment based on documentary evidence were opposed by conclusory statements devoid of evidentiary facts. The (Dodwell & Co. Lt. v. Silverman, 234 App.Div. 362, 363, 254 N.Y.S. 746). The answering affidavit to this motion thus failed to meet or controvert both factual and legal issues. Consequently, the motion should have been granted without reaching the questions of law regarding the application of Article 2 of the Uniform Commercial Code.
Order reversed with $10 costs and motion granted.
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Barco Auto Leasing Corp. v. PSI Cosmetics, Inc.
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Barco Auto Leasing Corp. v. PSI Cosmetics, Inc.
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Knox v. North American Car Corp.
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Architectronics, Inc. v. Control Systems, Inc., 92 Civ. 9174 (MBM).
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