Gramatan Home Investors Corp. v. Lopez

The plaintiff is an assignee for value of an installment loan contract executed by the defendants and the plaintiffs assignor. The contract, which provided for certain home repairs to be made upon defendants’ premises by the plaintiffs assignors, was the subject of an action brought by the State of New York against the assignor in Supreme Court, Albany County; the plaintiff, assignee, was not a party to this action.

Defendants now move for summary judgment relying principally upon section 403 of the Personal Property Law, and the determination made against plaintiffs assignor, in a matter…