DaimlerChrysler Servs. N. Am. v Tammaro

[*1] DaimlerChrysler Servs. N. Am. v Tammaro 2006 NY Slip Op 52506(U) [14 Misc 3d 128(A)] Decided on December 15, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ
2006-443 Q C.

DaimlerChrysler Services North America LLC, Appellant,

against

Salvatore Tammaro, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diccia T. Pineda-Kirwan, J.), entered December 28, 2005. The order denied plaintiff's motion for summary judgment.

Order affirmed without costs.

In this action, plaintiff seeks to recover the balance due pursuant to a lease agreement. In our opinion, plaintiff's motion for summary judgment was properly denied by the court below. Contrary to plaintiff's contention on appeal, an affidavit executed out of state must be accompanied by a certificate of conformity (Real Property Law § 299-a [1]; Citibank [S.D.] N.A. v Suen, 11 Misc 3d 126[A], 2005 NY Slip Op 52262[U] [App Term, 2d & 11th Jud Dists]; Discover Bank v Kagan, 8 Misc 3d 134[A], 2005 NY Slip Op 51171[U] [App Term, 2d & 11th Jud Dists]). Accordingly, we affirm the order which denied plaintiff's motion for its failure to submit such a certificate of conformity.

Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: December 15, 2006