Sunfirst Federal Credit Union v. Empire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Defendant satisfied its initial burden by submitting evidence in admissible form establishing that the complaint has no merit because defendant acted in reliance upon an MV-901 form signed by plaintiff, which indicated that plaintiff’s security interest in the automobile financed by plaintiff had been satisfied (see, CPLR 3212 [b]; GTF Mktg. v Colonial Aluminum Sales, 66 NY2d 965, 967; Zuckerman v…
2Cases cited6 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
- Eddy v. Tops Friendly MarketsNew York Court of Appeals · 1983
- Eddy v. Tops Friendly MarketsAppellate Division of the Supreme Court of the State of New York · 1983
- Callari v. PellitieriAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by5 opinions
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- Andron v. LibbyAppellate Division of the Supreme Court of the State of New York · 2014
- SHAW, THEODORE J. v. ROSHA ENTERPRISES, INC.Appellate Division of the Supreme Court of the State of New York · 2015
- Shaw v. Rosha Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Shaw v. Rosha Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2015