CN Funding, LLC v. Ensig Group, Ltd.

Order, Supreme Court, New York County (Debra A. James, J.), entered December 14, 2007, which, in an action to recover sums due under an equipment lease, denied plaintiffs motion for summary judgment, and, upon a search of the record, awarded defendants summary judgment dismissing the complaint, unanimously modified, on the law, to vacate the award of summary judgment and to reinstate the complaint, and otherwise affirmed, without costs.

While the subject equipment lease did not qualify as a finance lease, the parties expressly agreed to treat it as such (see UCC 2-A-103 [1] [g], Comment).…