Opinion
December 5, 1983
In an action for a deficiency judgment, defendant appeals from an order of the Supreme Court, Suffolk County (Rohl, J.), dated December 20, 1982, which granted plaintiff's motion for summary judgment in lieu of a complaint (CPLR 3213) and set the matter down for trial on the issue of damages. Order reversed, on the law, with costs, and motion denied. A secured party seeking a deficiency judgment from the debtor after sale of the collateral bears the burden of showing that the sale was made in a "commercially reasonable" manner (see Uniform Commercial Code, § 9-504; Central Budget Corp. v. Garrett, 48 A.D.2d 825). Here, the moving papers fail to set forth any of the facts and circumstances surrounding the sale, and have therefore failed to satisfy a prerequisite to obtaining a deficiency judgment (see Central Budget Corp. v. Garrett, supra). Hence, summary judgment was improvidently granted. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.