Legal Opinion
Advanta Leasing Services v. Laurel Way Spur Petroleum Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2004PublishedCited by 7 opinions
1Opinion of the Court
In an action to recover damages for breach of an equipment lease, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated November 25, 2002, which denied its motion for summary judgment.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by submitting the equipment lease and proof of nonpayment (see Preferred Capital v PBK, Inc., 309 AD2d 1168 [2003]; Canon Fin. Servs. v Medico Stationery Serv., 300 AD2d 66 [2002]). In…
2Cases cited2 opinions
- Preferred Capital, Inc. v. PBK, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Canon Financial Services, Inc. v. Medico Stationery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Key Equipment Finance, Inc. v. South Shore Imaging, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- AGFA Photo USA Corp. v. Chromazone, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Commerce Commercial Leasing, LLC v. PIO Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Unistar Leasing, Div. of United Computer Capital Corp. v. LipkinAppellate Division of the Supreme Court of the State of New York · 2004
- Direct Capital Corp. v. New ABI Inc.New York Supreme Court · 2006
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