Advanta Leasing Servs. v Rosewood Furniture of N.Y.

[*1] Advanta Leasing Servs. v Rosewood Furniture of N.Y. 2004 NY Slip Op 50570(U) Decided on June 4, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 4, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2003-1096 Q C

ADVANTA LEASING SERVICES, A DIVISION OF ADVANTA BUSINESS SERVICES, Respondent,

against

ROSEWOOD FURNITURE OF NEW YORK, INC. and JAY WANG, individually, Appellants.

Appeal by defendants from an order of the Civil Court, Queens County (D. Elliot, J.), entered February 26, 2003, which granted plaintiff's motion for summary judgment, deemed an appeal from the judgment of the same court, entered thereon on June 26, 2003, awarding plaintiff the sum of $23,871.65 (CPLR 5501 [c]).

Judgment unanimously affirmed without costs.

In this action to recover damages against the corporate defendant based on a breach of a finance lease agreement, and against the individual defendant based on his guaranty of said agreement, plaintiff moved for summary judgment. Plaintiff met its
initial burden of establishing its entitlement to summary judgment as a matter of law by submitting the lease agreement and proof of nonpayment (see Preferred Capital v PBK, Inc., 309 AD2d 1168 [2003]; Canon Fin. Servs. v Medico Stationery Serv., 300 AD2d 66 [2002]). The burden then shifted to defendants to demonstrate by admissible evidence the existence of a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Defendants failed to establish the existence of a triable issue of fact since under the subject lease agreement, defendants are liable to plaintiff, the finance lessor, even if, as alleged herein by plaintiff, the equipment is defective. Accordingly, the lower court properly granted plaintiff's motion for summary judgment (see Preferred Capital v PBK, Inc., 309 AD2d 1168, supra; Preferred Capital, Inc. v Harvey B., Inc., NYLJ, Feb. 13, 2004 [App Term, 2d & 11th Jud Dists]).
Decision Date: June 04, 2004