Lely Corp. v. Capital Group of Brunswick, Inc.

Appeal from an order of the Supreme Court (Canfield, J.), entered August 22, 1996 in Rensselaer County, which, inter alia, denied plaintiffs motion for summary judgment.

On December 13, 1994 defendant Capital Group of Brunswick, Inc. (hereinafter defendant) submitted a dealer application for sale of Kuoti equipment to plaintiff which was accepted. Defendant signed a security agreement with plaintiff on December 27, 1994 which was guaranteed by its president, defendant Cynthia Konieczny. The application was approved by plaintiffs credit manager on January 11, 1995. Plaintiff sold defendant…