General Elec. Capital Bus. Asset Funding Corp. of Conn. v. Kazi Family LLC

Appellate Division of the Supreme Court of New York

General Elec. Capital Bus. Asset Funding Corp. of Conn. v. Kazi Family LLC

126 A.D.3d 524, 2 N.Y.S.3d 893

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 2015·No. 14239 600785/10·Published

Opinion

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered October 11, 2013, which denied defendant Zubair Kazi’s (defendant) motion for, among other things, an evidentiary hearing to determine whether payments made by and/or on behalf of defendant and/or certain debtors were applied by plaintiffs to satisfy a judgment against defendant and to determine the amount of any overpayment of the judgment, unanimously affirmed, with costs.

The motion court properly denied defendant’s motion to the extent he sought a hearing regarding his alleged overpayment of a judgment against him. Defendant has not provided competent evidence to support his conclusory allegation that he overpaid the judgment (see Susi Contr. Co. v Hartford Acc. & Indem. Co., 172 AD2d 255, 256 [1st Dept 1991], appeal dismissed and lv denied 78 NY2d 984 [1991]).

Concur — Mazzarelli, J.P., Sweeny, Renwick, Feinman and Kapnick, JJ.

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Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered October 11, 2013, which denied defendant Zubair Kazi’s (defendant) motion for, among other things, an evidentiary hearing to determine whether payments made by and/or on behalf of defendant and/or certain debtors were applied by plaintiffs to satisfy a judgment against defendant and to determine the amount of any overpayment of the judgment, unanimously affirmed, with costs.

The motion court properly denied defendant’s motion to the extent he sought a hearing regarding his alleged overpayment of a judgment against him. Defendant has not provided competent evidence to support his conclusory allegation that he overpaid the judgment (see Susi Contr. Co. v Hartford Acc. & Indem. Co., 172 AD2d 255, 256 [1st Dept 1991], appeal dismissed and lv denied 78 NY2d 984 [1991]).

Concur — Mazzarelli, J.P., Sweeny, Renwick, Feinman and Kapnick, JJ.

General Elec. Capital Bus. Asset Funding Corp. of Conn. v. Kazi Family LLC, 126 A.D.3d 524, 2 N.Y.S.3d 893 (N.Y. Ct. App. 2015).

Pincite

126 A.D.3d 524 (General Elec. Capital Bus. Asset Funding Corp. of Conn. v. Kazi Family LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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