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De Lage Landen Financial Services, Inc.v. Mannetti Associates, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 365 (N.Y. App. Div. 2003)

Opinion

2002-07315

Argued April 10, 2003.

May 5, 2003.

In an action to recover damages for breach of an equipment lease, the defendants appeal from a judgment of the Supreme Court, Westchester County (DiBlasi, J.), dated July 1, 2002, which, upon an order of the same court, entered June 13, 2002, granting the plaintiff's motion to dismiss the counterclaims and for summary judgment on the complaint, is in favor of the plaintiff and against them in the principal sum of $5,171.52.

Kurzman Eisenberg Corbin Lever Goodman, LLP, White Plains, N.Y. (Thomas B. Decea and Donald S. Campbell of counsel), for appellants.

Foster Wolkind, P.C., New York, N.Y. (Bryan E. Wolkind of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law (see CPLR 3212[b]). In response, the defendants failed to demonstrate the existence of a triable issue of fact with respect to their defenses and counterclaims (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The affirmation of the defendants' attorney was not sufficient to raise a question of fact because she "demonstrated no personal knowledge" of the transaction (id. at 563). The defendants also failed to demonstrate how further discovery might yield material facts which would warrant the denial of summary judgment (see Karakostas v. Avis Rent A Car Sys., 301 A.D.2d 632; Venezia v. Coldwell Banker Sammis Realty, 270 A.D.2d 480; cf. Saguid v. Kingston Hosp., 213 A.D.2d 770). Consequently, the Supreme Court properly granted the plaintiff's motion for summary judgment.

FLORIO, J.P., H. MILLER, ADAMS and RIVERA, JJ., concur.


Summaries of

De Lage Landen Financial Services, Inc.v. Mannetti Associates, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
May 5, 2003
305 A.D.2d 365 (N.Y. App. Div. 2003)
Case details for

De Lage Landen Financial Services, Inc.v. Mannetti Associates, Ltd.

Case Details

Full title:DE LAGE LANDEN FINANCIAL SERVICES, INC., respondent, v. MANNETTI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 2003

Citations

305 A.D.2d 365 (N.Y. App. Div. 2003)
758 N.Y.S.2d 533

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