Legal Opinion
Studebaker-Worthington Leasing v. Cervera
New York Supreme Court
Decided April 26, 2010Published
1Opinion of the Court
OPINION OF THE COURT
Stephen A. Bucaria, J.
Motion by plaintiff for summary judgment is granted. Cross motion by defendant to dismiss the complaint for lack of capacity to sue is denied.
This is an action upon a written guaranty. Plaintiff Studebaker-Worthington Leasing is a division of Main Street Bank, which is located in Texas. On January 2, 2008, plaintiff entered into an equipment lease with Ro-An Industries Corporation covering a hardware server. The lease was for a term of four years at a rental of $4,565 per month. Paragraph 22 (a) of the lease contains a provision that upon default, the…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Highfill, Inc. v. Bruce & Iris, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Commonwealth Bank & Trust Co. v. Tioga Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Banque Arabe Et Internationale D'Investissement v. One Times Square Associates Limited PartnershipAppellate Division of the Supreme Court of the State of New York · 1993