Trinity Automotive Servs. Ltd. v Silver

[*1] Trinity Automotive Servs. Ltd. v Silver 2007 NY Slip Op 51503(U) [16 Misc 3d 134(A)] Decided on July 23, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 23, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-1078 N C.

Trinity Automotive Services Ltd., Respondent,

against

Larry Silver, Appellant.

Appeal from an order of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), entered April 20, 2006. The order granted plaintiff's motion for summary judgment.

Order reversed without costs and plaintiff's motion for summary judgment denied.

In this action to recover for breach of an automobile lease, defendant contended that he contracted with an entity other than plaintiff. Although plaintiff alleged in its complaint that it was the owner of the contract, no proof of any assignment was ever submitted. Thus, plaintiff failed to conclusively establish standing to sue defendant on the alleged debt (see generally 6A NY Jur 2d, Assignments § 86). Moreover, defendant also raised triable issues of fact with respect to plaintiff's claim for damage to the vehicle and the claim that there was a balance still due for lease payments. Accordingly, the order is reversed and plaintiff's motion for summary judgment is denied.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 23, 2007