Legal Opinion

Sterling National Bank v. Polyseal Packaging Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 2013Published

1Opinion of the Court

*467Order, Supreme Court, Bronx County (Diane A. Lebedeff, J.), entered March 21, 2011, which denied defendant-appellant’ s motion to vacate a default judgment against it, unanimously affirmed, without costs.

Plaintiff — as the assignee of Astro Plastics, Inc. — has standing to sue defendant for receiving goods from Astro but failing to pay for them (see M.S. Textiles v Rafaella Sportswear, 293 AD2d 261, 262 [1st Dept 2002]). Defendant’s contention that the October 3, 2006 assignment is invalid because it predates the January 26 to June 29, 2007 invoices that Astro sent to defendant is unavailing.…

2Cases cited4 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  3. Lopez v. 592-600 Union Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  4. M.S. Textiles, Ltd. v. Rafaella Sportswear, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

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