Tilden Financial Corp. v. Neuberg

Appellate Division of the Supreme Court of New York

Tilden Financial Corp. v. Neuberg

140 A.D.2d 690, 528 N.Y.S.2d 1006, 1988 N.Y. App. Div. LEXIS 6260

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 1988·Published·Cited by 1 cases

Opinion

The plaintiff’s motion for summary judgment was properly granted after it made a prima facie showing of entitlement to judgment as a matter of law, as the defendant failed to establish the existence of a material triable issue of fact regarding his claim that the underlying agreement was not a true lease, but instead constituted a security agreement subject to the provisions of Uniform Commercial Code article 9 (see generally, Alvarez v Prospect Hosp., 68 NY2d 320). In any event, even if it is assumed that the lease constitutes such a security agreement, we note that the guarantee executed by the defendant contains an express waiver of his alleged right to receive proper notice of the sale of the leased equipment pursuant to Uniform Commercial Code § 9-504 (3) (see, e.g., First City Div. v Vitale, 123 AD2d 207).

We have considered the defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Fiber and Sullivan, JJ., concur.

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The plaintiff’s motion for summary judgment was properly granted after it made a prima facie showing of entitlement to judgment as a matter of law, as the defendant failed to establish the existence of a material triable issue of fact regarding his claim that the underlying agreement was not a true lease, but instead constituted a security agreement subject to the provisions of Uniform Commercial Code article 9 (see generally, Alvarez v Prospect Hosp., 68 NY2d 320). In any event, even if it is assumed that the lease constitutes such a security agreement, we note that the guarantee executed by the defendant contains an express waiver of his alleged right to receive proper notice of the sale of the leased equipment pursuant to Uniform Commercial Code § 9-504 (3) (see, e.g., First City Div. v Vitale, 123 AD2d 207).

We have considered the defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Mangano, Fiber and Sullivan, JJ., concur.

Tilden Financial Corp. v. Neuberg, 140 A.D.2d 690, 528 N.Y.S.2d 1006, 1988 N.Y. App. Div. LEXIS 6260 (N.Y. Ct. App. 1988).

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140 A.D.2d 690 (Tilden Financial Corp. v. Neuberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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