Legal Opinion
Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.
Civil Court of the City of New York
Decided February 7, 1969PublishedCited by 56 opinions
1Opinion of the CourtMartin Evans, J.
Motion for summary judgment, based on four equipment leases, and on a guarantee by the individual defendants. A separate cause of action is based on each of the leases, and on the guarantee.
With respect to the first cause of action, defendant’s answering affidavit urges that the machine subject to the lease broke down and that plaintiff did not repair or maintain it. It also urges that plaintiff breached certain warranties that were made, expressly and impliedly, to the effect that the equipment was merchantable; i.e., fit for the ordinary purposes for which the equipment was to be used, and…
2Cases cited13 opinions
- United States v. Wegematic CorporationCourt of Appeals for the Second Circuit · 1966
- Agar v. OrdaNew York Court of Appeals · 1934
- Vitex Manufacturing Corporation, Ltd. v. Caribtex CorporationCourt of Appeals for the Third Circuit · 1967
- Hoisting Engine Sales Co. v. . HartNew York Court of Appeals · 1923
- Sawyer v. Pioneer Leasing CorporationSupreme Court of Arkansas · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Industralease Automated & Scientific Equipment Corp. v. R. M. E. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Architectronics, Inc. v. Control Systems, Inc.District Court, S.D. New York · 1996
- Walter E. Heller & Co. v. Convalescent Home of First Church of DeliveranceAppellate Court of Illinois · 1977
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
51 more not listed; retrieve them via the Exa API.