Leasecomm Corp. v. Datalink Resources Corp.

Appellate Terms of the Supreme Court of New York

Leasecomm Corp. v. Datalink Resources Corp.

1 Misc. 3d 11, 766 N.Y.S.2d 747, 2003 N.Y. Misc. LEXIS 996

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 10, 2003

StatusPublished

Cited by2 cases

This text of 1 Misc. 3d 11 (Leasecomm Corp. v. Datalink Resources Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leasecomm Corp. v. Datalink Resources Corp., 1 Misc. 3d 11, 766 N.Y.S.2d 747, 2003 N.Y. Misc. LEXIS 996 (N.Y. Ct. App. 2003).

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Opinion

[12]*12OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously reversed without costs, plaintiffs motion for summary judgment in the sum of $5,226.76 together with reasonable attorney’s fees is granted and matter remanded to the court below for a determination of said fees.

The documentary evidence submitted upon plaintiffs motion for summary judgment established that defendants entered into a finance lease with plaintiff in accordance with article 2-A of the Uniform Commercial Code. The corporate defendant (with the individual defendant acting as guarantor) opted to lease a computer software program provided by a supplier of its own choosing. As a result, defendants were obligated to honor the terms of the lease agreement with plaintiff irrespective of any difficulties with the program or its supplier. Inasmuch as it is uncontroverted that defendants failed to make the required payment, plaintiff is entitled to recover the damages as set forth in the finance lease (see generally UCC 2-A-103 [1] [g]; 2-A-209, 2-A-407; see also General Elec. Capital Corp. v National Tractor Trailer School, 175 Misc 2d 20 [1997]).

Pesce, EJ., Aronin and Golia, JJ., concur.

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[12]*12OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously reversed without costs, plaintiffs motion for summary judgment in the sum of $5,226.76 together with reasonable attorney’s fees is granted and matter remanded to the court below for a determination of said fees.

The documentary evidence submitted upon plaintiffs motion for summary judgment established that defendants entered into a finance lease with plaintiff in accordance with article 2-A of the Uniform Commercial Code. The corporate defendant (with the individual defendant acting as guarantor) opted to lease a computer software program provided by a supplier of its own choosing. As a result, defendants were obligated to honor the terms of the lease agreement with plaintiff irrespective of any difficulties with the program or its supplier. Inasmuch as it is uncontroverted that defendants failed to make the required payment, plaintiff is entitled to recover the damages as set forth in the finance lease (see generally UCC 2-A-103 [1] [g]; 2-A-209, 2-A-407; see also General Elec. Capital Corp. v National Tractor Trailer School, 175 Misc 2d 20 [1997]).

Pesce, EJ., Aronin and Golia, JJ., concur.

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Bluebook (online)

1 Misc. 3d 11, 766 N.Y.S.2d 747, 2003 N.Y. Misc. LEXIS 996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leasecomm-corp-v-datalink-resources-corp-nyappterm-2003.

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