B.R.I. Coverage Corp. v. Imperial

Appellate Division of the Supreme Court of New York

B.R.I. Coverage Corp. v. Imperial

182 A.D.2d 529, 582 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6203

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

DecidedApril 21, 1992

StatusPublished

This text of 182 A.D.2d 529 (B.R.I. Coverage Corp. v. Imperial) 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

B.R.I. Coverage Corp. v. Imperial, 182 A.D.2d 529, 582 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6203 (N.Y. Ct. App. 1992).

Pincite

Opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about August 9, 1991, which denied plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, unanimously affirmed, without costs.

[530]*530The security agreement recited in the promissory notes gives plaintiff the option of retiring its loan to defendant by retaining commissions earned by defendant instead of accepting payment directly from him. Defendant asserts that such election was made, and that his earned commissions have been debited in an amount equal to full amount of both notes; plaintiff, by its secretary-treasurer, denies this. The security agreement requires written notice of the election, but the record is silent as to whether such written notice was given. The conflicting affidavits require denial of summary judgment. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about August 9, 1991, which denied plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, unanimously affirmed, without costs.

[530]*530The security agreement recited in the promissory notes gives plaintiff the option of retiring its loan to defendant by retaining commissions earned by defendant instead of accepting payment directly from him. Defendant asserts that such election was made, and that his earned commissions have been debited in an amount equal to full amount of both notes; plaintiff, by its secretary-treasurer, denies this. The security agreement requires written notice of the election, but the record is silent as to whether such written notice was given. The conflicting affidavits require denial of summary judgment. Concur — Sullivan, J. P., Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 529, 582 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 6203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bri-coverage-corp-v-imperial-nyappdiv-1992.