Legal Opinion

Brown Bark I, L.P. v. Metroflor Transportation Services, Inc.

New York Supreme Court

Decided November 30, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Ira B. Warshawsky, J.

This motion by plaintiff, Brown Bark I, L.E, as successor in interest to Bank of America, N.A., as successor in interest to Fleet Bank, for summary judgment pursuant to CFLR 3212, *514and for an order pursuant to CPLR 3211 striking the affirmative defenses of the defendants, Metroflor Transportation Services, Inc. and Alan Futterman, is granted.

Plaintiffs first cause of action against Metroflor seeks to recover upon a line of credit note and line of credit agreement that were executed and delivered to plaintiffs assignor, in connection with the extension…

2Cases cited14 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Chemical Bank v. HaskellNew York Court of Appeals · 1980
  4. Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Kennerly v. Campbell Chain Co.Appellate Division of the Supreme Court of the State of New York · 1987

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