Legal Opinion
Cach LLC v. George
Nassau County District Court
Decided May 10, 2017Published
1Opinion of the Court
OPINION OF THE COURT
Scott Fairgrieve, J.
Plaintiff, as assignee of a consumer debt allegedly owed by defendant upon a credit card issued to him by GE Capital Retail Bank, commenced this action against defendant for breach of contract. Plaintiff now moves, pursuant to CPLR 3212, for summary judgment in the amount of $1,237.65, plus costs and disbursements. The motion is decided as follows.
The “drastic remedy” of summary judgment is appropriate only where there is no doubt as to the absence of a triable issue of fact (see Rotuba Extruders v Ceppos, 46 NY2d 223, 231 [1978]). It is the movant’s…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Palisades Collection, LLC v. KedikAppellate Division of the Supreme Court of the State of New York · 2009
- JP Morgan Chase Bank, N.A. v. RADS Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Tri City Roofers, Inc. v. Northeastern Industrial ParkNew York Court of Appeals · 1984
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