EFH Leasing Corp. v. Computer Systems of America, Inc.

Judgment unanimously affirmed, without costs. Memorandum: We reject defendant’s contention that plaintiffs actions in reselling the computer equipment and leasing it back on terms different than those provided in the lease to U. S. Steel effected a discharge of defendant’s obligation. Defendant was obligated to provide a commitment for a loan with terms consistent with the terms of the lease to U. S. Steel, not to provide financing consistent with the leases plaintiff negotiated with its customers. Defendant has not proven that plaintiffs actions made it impossible or more difficult to obtain…