Northern Leasing Sys., Inc. v Kollars
Decided on February 22, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Torres, JJ
Northern Leasing Systems, Inc., As Assignee of MBF Leasing, LLC., Plaintiff-Respondent,
Gary Kollars and LHC Car Wash, LLC, d/b/a Car Toys Car Wash, Defendants-Appellants.
Defendants, as limited by their briefs, appeal from (1) an order of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), dated November 9, 2007, which granted plaintiff's motion for summary judgment in lieu of complaint and awarded judgment in its favor in the principal sum of $15,199.24, and denied defendants' motion to dismiss the action, and (2) that portion of an order (same court and Judge), dated April 4, 2008, which, upon reconsideration, adhered to its prior determination.
Order (Debra Rose Samuels, J.), dated November 9, 2007, modified to deny plaintiff's motion for summary judgment; as modified, order affirmed, without costs. Appeal from order (same court and Judge), dated April 4, 2008, dismissed, without costs, as academic.
The record so far developed on plaintiff's CPLR 3213 motion-action raises several triable issues, including (1) whether defendants received only the first page of the form lease or all four pages, and (2) whether, if defendants received all four pages, they could reasonably have believed that all terms were contained on page one (see Pludeman v Northern Leasing Sys., Inc., 87 AD3d 881, 882 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 22, 2012