LONG IS TRUST CO v. WILLIAMS

Full title: LONG ISLAND TRUST COMPANY, Appellant, v. LEONARD WILLIAMS, Respondent, et…

Court: Supreme Court, Appellate Term, First Department

Date published: Dec 13, 1988

142 Misc. 2d 4 (N.Y. App. Term 1988)

539 N.Y.S.2d 612

Opinion

December 13, 1988

Appeal from the Civil Court of the City of New York, New York County, Alice Schlesinger, J.

Halpern, Halpern, Axelrod, Kirschenbaum Phillips, P.C. (Kenneth G. Zitter of counsel), for appellant.

Leonard Williams, respondent pro se.

Per Curiam.

Order entered October 28, 1986 affirmed, without costs, for the reasons stated in the opinion of Alice Schlesinger, J., at the Civil Court.

The issue of the commercial reasonableness of the public sale pertained not to defendant's liability under the security agreement, but rather was relevant to determine plaintiff's entitlement to damages (see, General Elec. Credit Corp. v Durante Bros. Sons, 79 A.D.2d 509; Paco Corp. v Vigliarola, 611 F. Supp. 923, 925 [ED N Y 1985]). Hence, the issue was properly considered at the assessment following the grant of partial summary judgment to the plaintiff.

OSTRAU, P.J., SANDIFER and MILLER, JJ., concur.