Orix Financial Services Inc. v. Baker

OPINION OF THE COURT

Jane S. Solomon, J.

Plaintiff Orix Financial Services, Inc. moves to reargue the decision and order which denied its motion, submitted on default, for summary judgment in lieu of complaint. For the *289reasons below, the motion to reargue is granted, and upon reargument, the original decision and order is vacated, and the motion for summary judgment in lieu of complaint is denied, and the action dismissed.

The prior decision, dated February 10, 2003, denied plaintiff s motion and dismissed the action. As relevant here, Orix is a creditor pursuant to a note of a corporation,…