Orix Financial Services, Inc. v. McMullen

*566Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered October 30, 2007, which granted the motion of defendant Orix Financial Services, Inc. (Orix) for summary judgment as to individual defendant Terry McMullen, severed the complaint and otherwise denied Orix’s motion for summary judgment, and denied defendants’ cross motion for summary judgment, unanimously affirmed, with costs.

Defendant Terry McMullen (the borrower) executed a conditional sale contract note (the note) in conjunction with his purchase of a tractor-trailer from a dealer, who assigned all of its rights under…