Norstar Bank of Upstate New York v. Corrigan

OPINION OF THE COURT

John R Tenney, J.

In this action to recover for default in payment on a computer lease, the plaintiff assignee has moved for summary judgment. Defendant concedes the default in payment but alleges, inter alia, that the equipment has never worked, that the lessor has breached a variety of express and implied warranties, and that the contract is void because of the lessor’s fraudulent inducement. The issue before this court is whether these substantial defenses are available against the assignee. It should also be noted that since the lessor is apparently bankrupt or…