Orix Credit Alliance, Inc. v. Grace Industries, Inc.

Appellate Division of the Supreme Court of New York

Orix Credit Alliance, Inc. v. Grace Industries, Inc.

273 A.D.2d 366, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7047

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

DecidedJune 19, 2000

StatusPublished

This text of 273 A.D.2d 366 (Orix Credit Alliance, Inc. v. Grace Industries, 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

Orix Credit Alliance, Inc. v. Grace Industries, Inc., 273 A.D.2d 366, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7047 (N.Y. Ct. App. 2000).

Pincite

Opinion

In an action, inter alia, for the replevin of chattel and to recover payments made under a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Lisa, J.), dated January 5, 1999, which denied its motion for summary judgment on the complaint and to dismiss the defendants’ counterclaims.

[367]*367Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly denied its motion for summary judgment on the complaint and to dismiss the defendants’ counterclaims. There are issues of fact regarding whether all of the lease payments were timely made, and whether the payment option agreement was properly exercised (see, CPLR 3212 [b]). Joy, J. P., Friedmann, Krausman and H. Miller, JJ., concur.

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In an action, inter alia, for the replevin of chattel and to recover payments made under a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Lisa, J.), dated January 5, 1999, which denied its motion for summary judgment on the complaint and to dismiss the defendants’ counterclaims.

[367]*367Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly denied its motion for summary judgment on the complaint and to dismiss the defendants’ counterclaims. There are issues of fact regarding whether all of the lease payments were timely made, and whether the payment option agreement was properly exercised (see, CPLR 3212 [b]). Joy, J. P., Friedmann, Krausman and H. Miller, JJ., concur.

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Bluebook (online)

273 A.D.2d 366, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orix-credit-alliance-inc-v-grace-industries-inc-nyappdiv-2000.