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FORD MOTOR CREDIT CO. v. DIMA

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50218 (N.Y. App. Term 2004)

Opinion

2003-726 Q C.

Decided March 31, 2004.

Appeal by defendant from an order of the Civil Court, Queens County (A. Gazzara, J.), entered February 10, 2003, which granted plaintiff's motion for summary judgment to the extent of awarding plaintiff summary judgment on the issue of liability and setting the matter down for an assessment of damages.

Order unanimously reversed without costs and plaintiff's motion for summary judgment denied.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


In this action to recover an unpaid balance due under a motor vehicle lease agreement, plaintiff moved for summary judgment and demonstrated through exhibits and affidavits its prima facie entitlement to judgment on the issue of liability. Thus, the burden shifted to defendant to produce evidentiary proof to establish the existence of an issue of fact as to liability ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Zuckerman v. City of New York, 49 NY2d 557). After reviewing defendant's opposition papers, we are of the opinion that triable issues of fact exist requiring a trial of this matter. Accordingly, the lower court improperly granted plaintiff's motion for summary judgment on the issue of liability.


Summaries of

FORD MOTOR CREDIT CO. v. DIMA

Appellate Term of the Supreme Court of New York, Second Department
Mar 31, 2004
2004 N.Y. Slip Op. 50218 (N.Y. App. Term 2004)
Case details for

FORD MOTOR CREDIT CO. v. DIMA

Case Details

Full title:FORD MOTOR CREDIT COMPANY, Respondent, v. WENDY DIMA, Appellant

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

Date published: Mar 31, 2004

Citations

2004 N.Y. Slip Op. 50218 (N.Y. App. Term 2004)