O'Connor v. B. J. Auto Make Ready Corp.

*666OPINION OF THE COURT

Guy G. Ribaudo, J.

Plaintiffs motion and defendant B. J. Auto Make Ready Corp.’s cross motion are consolidated for disposition.

Plaintiff moves for an order pursuant to CPLR 3212 for summary judgment and for an order dismissing defendant’s counterclaim. Defendant B. J. Auto cross-moves for summary judgment.

FACTS

Plaintiff commenced this action for recovery of a 1976 Datsun or $2,460 which is due and owing pursuant to a security interest. On or about June 13, 1977, Avraham Soltes purchased a 1976 Datsun automobile in which he gave a security interest to the Lenox Savings Bank.…