Proactive Dealer Services, Inc. v. TD Bank

Duffy, J.,

dissents, and votes to reverse the order and grant the plaintiff’s motion for summary judgment on the complaint, with the following memorandum: I disagree with the majority’s conclusion that, in opposition to the plaintiff’s prima facie showing of its entitlement to judgment as a matter of law, the defendants raised a triable issue of fact. Therefore, I would reverse the order of the Supreme Court and grant the plaintiff’s motion for summary judgment on the complaint.

Pursuant to the theories of law argued by the parties under articles 3 and 4 of the UCC (see Misicki v Caradonna, 12…