Primus Automotive Fin. Servs., Inc. v Mateo

[*1] Primus Automotive Fin. Servs., Inc. v Mateo 2005 NYSlipOp 50626(U) Decided on April 26, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 26, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: April 26, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., RIOS and BELEN, JJ.
2004-1328 K C

Primus Automotive Financial Services, Inc., Appellant,

against

Thomas a. Mateo, Respondent.

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.

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 [1983]). Consequently, the motion was properly denied.
Decision Date: April 26, 2005