General Motors Acceptance Corp. v. Scio Volunteer Fire Deparment

—Order unanimously affirmed with costs. Memorandum: Plaintiff GMAC seeks to recover $13,883 from defendant Scio, contending that defendant is liable for paying that sum to a now defunct car dealership, Maier-Schule GMC, in disregard of the dealership’s assignment to plaintiff of the right to receive payment. Defendant appeals from an order granting plaintiff’s cross motion for summary judgment in the action.

We conclude that defendant was properly held liable for making payment to the dealer rather than to plaintiff. The dealer assigned to plaintiff its right to receive any sum due from…