Legal Opinion

JP Morgan Chase Bank, N.A. v. Melker

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

Decided February 27, 2013Published

1Opinion of the Court

In an action, inter alia, to enforce a guaranty, the defendant appeals from so much of an order of the Supreme Court, Nassau County (K. Murphy J.), *854dated March 22, 2012, as, in effect, denied that branch of his motion which was for summary judgment on his counterclaims.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the defendant failed to demonstrate his prima facie entitlement to judgment as a matter of law on his counterclaim sounding in conversion (see generally AGFA Photo USA Corp. v Chromazone, Inc., 82 AD3d 402, 403 [2011];…

2Cases cited4 opinions

  1. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  2. National Union Fire Insurance Co. of Pittsburgh v. Robert Christopher AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
  3. European American Bank & Trust Co. v. BoydAppellate Division of the Supreme Court of the State of New York · 1987
  4. AGFA Photo USA Corp. v. Chromazone, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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