American Credit Services, Inc. v. R.V. & Marine Corp.

—Order insofar as appealed from unanimously reversed on the law without costs, motion granted and judgment ordered in accordance with the following Memorandum: Plaintiff commenced this action for a deficiency judgment to recover the balance due under a written commercial automobile lease. Harold Summar (defendant) asserted as an affirmative defense that the parties orally modified the lease to permit defendant to pay the sum of $485.86 and defer remaining arrears to a later date. Plaintiff thereafter moved, inter alia, for summary judgment in its favor against defendant. Plaintiff met its…