Leasing Service Corp. v. Vita Italian Restaurant, Inc.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Bergerman, J.), entered May 17, 1989 in Rockland County, which granted plaintiffs motion to set aside a verdict in favor of defendants.

Plaintiff commenced this action to recover sums allegedly due under a contract for the commercial lease of a pay telephone. The complaint alleges that defendant Vita Italian Restaurant, Inc. (hereinafter Vita) agreed to pay plaintiff total rental payments of $5,460 in 60 monthly installments of $91 and seeks judgment for the unpaid…