Ford Motor Credit Co. v. Sofia

OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that the branch of *568plaintiff’s motion seeking to dismiss the first counterclaim is granted and, as so modified, affirmed, without costs.

In 1983, the defendants leased a vehicle from Popular Ford Sales, Inc. The lease provided that upon its execution, it would be assigned to plaintiff Ford Motor Credit Company. The plaintiff instituted this action to recover the balance due under the lease. As a first counterclaim, the defendants alleged various negligent repairs which were performed by Popular Ford Sales, Inc. as well as…