Manufacturers & Traders Trust Co. v. Murdevski

unanimously reversed, on the law, without costs, and motion granted. Memorandum: Plaintiff, assignee of an agreement for the lease of telephone equipment, is entitled to summary judgment in its action brought against the lessee for payments due under the lease. Defendant admitted that he did not make the payments due under the lease, but opposed the motion for summary judgment on the grounds that the telephone equipment was defective and that the lessor failed to comply with the terms of a separate maintenance agreement. The lease agreement contains a clause that the lessee acknowledges the…