US Premium Finance v. Sage Equipment Leasing Corp.

In an action to recover on an instrument for the payment of money, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated May 5, 2014, which denied its motion for summary judgment in lieu of complaint.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment in lieu of complaint is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing as to whether the plaintiff is entitled to an award of attorney’s fees…