Bank of America, N.A. v. Hillside Cycles, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*654The plaintiff commenced this action, inter alia, to recover damages for breach of contract, alleging that the defendant car dealership was obligated to repurchase five vehicle financing agreements which had been assigned to it pursuant to a retail dealer agreement. In its answer, the defendant raised 12 affirmative defenses. Before depositions could be conducted, the plaintiff moved for summary judgment on the complaint and dismissing the defendant’s affirmative defenses. The defendant opposed the motion, inter alia, arguing that the motion was premature because the parties had not yet…
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