General Motors Acceptance Corp. v. Morgese

Appeal from an order of the Supreme Court (Cheeseman, J.), entered May 2, 1989 in Albany County, which denied plaintiffs motion for summary judgment.

Plaintiff is the assignee of a retail installment contract and security agreement, dated May 5, 1986, covering the purchase of a used Iveco truck sold by Albany Dodge, Inc., the assignor, to defendant Anthony J. Morgese (hereinafter defendant), as purchaser. Defendant executed the contract at the request of defendant Joseph Hartman, who had contacted him in the spring of 1985 proposing that in return for defendant securing the financing of a…