Key Equipment Finance, Inc. v. South Shore Imaging, Inc.
| Decision Date | 10 April 2007 |
| Docket Number | 2006-02198. |
| Parties | KEY EQUIPMENT FINANCE, INC., Appellant, v. SOUTH SHORE IMAGING, INC., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment in the sum of $26,474.74 on the first cause of action asserted against the defendant South Shore Imaging, Inc., and substituting therefor a provision granting that branch of the motion, (2) by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment in the sum of $209.82 on the second cause of action asserted against the defendant South Shore Imaging, Inc., and substituting therefor a provision granting that branch of the motion, and (3) by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on the third cause of action asserted against the defendant South Shore Imaging, Inc., and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with one bill of costs to the plaintiff, payable by the defendant South Shore Imaging, Inc., and the matter is remitted to the Supreme Court, Richmond County, for a hearing and determination of the amount of the attorney's fee due to the plaintiff from the defendant South Shore Imaging, Inc.
On August 1, 2002 the defendant South Shore Imaging, Inc. (hereinafter South Shore) entered into an agreement to lease a Konica laser imager machine for a period of 63 months. The lease was executed on behalf of South Shore by its president, the defendant Ronald Pandolfini. Ronald Pandolfini and two other corporate officers, the defendants Jason Pandolfini and Joseph Romagnolo, also signed a section of an equipment schedule attached to the lease which contained a guaranty provision. On one of two signed copies of the equipment schedule produced by the plaintiff, the individual defendants listed their corporate titles underneath their signatures. After South Shore allegedly defaulted on its obligations under the lease by failing to make the payment due on October 20, 2004 the plaintiff commenced this action against both the corporation and the individual defendants. The plaintiff's first, second, and third causes of action seek to recover the balance due under the lease from South Shore, as well as late fees and an attorney's fee. The plaintiff's fifth, sixth, and seventh causes of action seek to recover damages against the individual defendants.
On appeal the plaintiff contends, inter alia, that the Supreme Court erred in denying that branch of its motion which was for summary judgment in the sum of $26,474.74 on its first cause of action against South Shore to recover the balance due under the lease. We agree....
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