Legal Opinion

Premium Assignment Corp. v. Utopia Home Care, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 20, 2009PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover on an instrument for the payment of money, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated July 3, 2008, which denied its motion.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the amount of the attorney’s fee to be awarded to the plaintiff, and thereafter for entry of an appropriate judgment.

The plaintiff made a prima facie…

2Cases cited4 opinions

  1. Afco Credit Corp. v. Boropark Twelfth Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Borg v. Belair Ridge Development Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Juste v. NiewdachAppellate Division of the Supreme Court of the State of New York · 2006
  4. Black Rock, Inc. v. Z Best Car Wash, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Griffon V, LLC v. 11 East 36th, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Cortlandt Street Recovery Corp. v. Hellas TelecommunicationsNew York Supreme Court · 2014
  3. New York Community Bank v. FesslerAppellate Division of the Supreme Court of the State of New York · 2011

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