Opinion
20041328KC
Decided April 26, 2005.
Appeal by plaintiff from an order of the Civil Court, Kings County (E. Gesmer, J.), entered August 4, 2004, which denied its motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., RIOS and BELEN, JJ.
In this action to recover damages for breach of a retail installment agreement, plaintiff failed to established a prima facie showing of its entitlement to judgment as a matter of law. Plaintiff's moving papers did not set forth sufficient evidence in admissible form to establish that the collateral was sold in a commercially reasonable manner (UCC 9-610). The burden of showing that the sale was made in a "commercially reasonable" manner is on the secured party ( Mack Fin. Corp. v. Knoud, 98 AD2d 713). Consequently, the motion was properly denied.