C.I.T. Leasing Corporation v. Pitney Bowes Credit Corporation

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 9, 1995, which denied defendant’s motion for summary judgment and granted plaintiff’s cross motion for summary judgment dismissing defendant’s counterclaim for attorneys’ fees, unanimously affirmed, with costs.

The IAS Court properly determined that summary judgment dismissal of plaintiff’s causes of action for breach of contract and, alternatively, reformation, was precluded by the presence of triable issues of material fact. The parties’ conflicting affidavits raised issues as to whether the Guaranty Agreement actually…