Lease Corp. of Am. v Hop Hing Realty Corp.

[*1] Lease Corp. of Am. v Hop Hing Realty Corp. 2007 NY Slip Op 51934(U) [17 Misc 3d 128(A)] Decided on October 11, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 11, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, J.P., McCooe, Davis, JJ
570160/07.

Lease Corporation of America, Plaintiff-Appellant,

against

Hop Hing Realty Corp. and Selina Shih, Defendants-Respondents.

Plaintiff appeals from that portion of an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered June 19, 2006, which denied its motion for summary judgment.

Per Curiam.

Order (Manuel J. Mendez, J.), entered June 19, 2006, insofar as appealed from, reversed, with $10 costs, and plaintiff's motion for summary judgment granted in the principal amount of $21,122.76. The Clerk is directed to enter judgment accordingly.

Plaintiff met its burden of establishing prima facie its entitlement to judgment by submitting the governing finance lease agreement and proof of nonpayment (see Advanta Leasing Servs. v Laurel Way Spur Petroleum Corp., 11 AD3d 571 [2004]; Canon Fin. Servs. v Medico Stationery Serv., 300 AD2d 66 [2002]). Defendant's opposition, based upon a claimed lack of understanding of the relationship between plaintiff "lessor" and the "supplier," and unsubstantiated allegations that defendants were the victims of a "scam," was insufficient to raise a triable issue of fact (see Unistar Leasing, Div. of United Computer Capital Corp. v Lipkin, 12 AD3d 1166, 1167 [2004]; Preferred Capital v PBK, Inc., 309 AD2d 1168).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 11, 2007