Key Bank of Central New York v. Stickles

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term properly denied plaintiffs motion for summary judgment with respect to the first cause of action set forth in plaintiff’s complaint. The affidavit submitted by defendants in opposition to plaintiff’s motion was sufficient to raise an issue of fact concerning the commercial reasonableness of plaintiffs sale of the repossessed collateral (see, UCC 9-504 [3]; Marine Midland Bank v Kristin Inti., 141 AD2d 259, 264; National Bank v Gregory, 85 AD2d 839, 840;…