Bank of New York v. White Plains Nissan, Inc.

Appellate Division of the Supreme Court of New York

Bank of New York v. White Plains Nissan, Inc.

209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11161

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 1994

StatusPublished

This text of 209 A.D.2d 465 (Bank of New York v. White Plains Nissan, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of New York v. White Plains Nissan, Inc., 209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11161 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover a balance due under a "non-recourse dealer agreement”, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 24, 1993, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court properly denied its motion for summary judgment. The record reveals that the plaintiff’s monthly account statements do not indicate which amounts represent prepayment or acceleration of the retail installment contracts, the events which trigger the defendant’s financial obligation under the non-recourse dealer agreement. Accordingly, the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324; Zuckerman v City of New York, 49 NY2d 557, 562). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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—In an action to recover a balance due under a "non-recourse dealer agreement”, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 24, 1993, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court properly denied its motion for summary judgment. The record reveals that the plaintiff’s monthly account statements do not indicate which amounts represent prepayment or acceleration of the retail installment contracts, the events which trigger the defendant’s financial obligation under the non-recourse dealer agreement. Accordingly, the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324; Zuckerman v City of New York, 49 NY2d 557, 562). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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Bluebook (online)

209 A.D.2d 465, 619 N.Y.S.2d 638, 1994 N.Y. App. Div. LEXIS 11161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-v-white-plains-nissan-inc-nyappdiv-1994.

Opinion

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