Ford Motor Credit Co., LLC v Berbick

[*1] Ford Motor Credit Co., LLC v Berbick 2010 NY Slip Op 50383(U) [26 Misc 3d 142(A)] Decided on March 8, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and LaCAVA, JJ
2009-797 W C.

Ford Motor Credit Company, LLC, Respondent,

against

Yolanda L. Berbick, Appellant.

Appeal from an order of the City Court of Yonkers, Westchester County (Charles D. Wood, J.), entered March 13, 2009. The order granted plaintiff's motion for summary judgment.

ORDERED that the order is affirmed without costs.

Plaintiff commenced this action to recover a deficiency judgment based upon defendant's default in payment under a retail installment agreement that had been entered into between the parties, which default had resulted in the financed vehicle's repossession and ultimate sale. In opposition to plaintiff's motion for summary judgment, defendant submitted an unsworn statement, which was objected to by plaintiff. The City Court granted plaintiff's motion for summary judgment.

As defendant raises no issue on appeal with respect to plaintiff's prima facie case, we do not pass on the propriety of the implicit determination of the City Court with respect thereto. Defendant's opposition to the motion consisted solely of an unsworn statement, which is of no probative value (see Washington v Mendoza, 57 AD3d 972 [2008]). Since defendant failed to submit any evidence in admissible form to demonstrate the existence of a triable issue of fact, the order granting plaintiff's motion for summary judgment is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur.
Decision Date: March 08, 2010