Worldstyle, Inc. v. Sparks Productions, Inc.

Appellate Division of the Supreme Court of New York

Worldstyle, Inc. v. Sparks Productions, Inc.

255 A.D.2d 227, 680 N.Y.S.2d 230, 1998 N.Y. App. Div. LEXIS 12475

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

DecidedNovember 19, 1998

StatusPublished

This text of 255 A.D.2d 227 (Worldstyle, Inc. v. Sparks Productions, 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

Worldstyle, Inc. v. Sparks Productions, Inc., 255 A.D.2d 227, 680 N.Y.S.2d 230, 1998 N.Y. App. Div. LEXIS 12475 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, New York County (Stuart Cohen, J.), entered December 12, 1997, which, to the extent appealed from, denied plaintiff’s motion for summary judgment upon its first cause of action for the recovery of chattel, unanimously affirmed, without costs.

Plaintiff’s motion for summary judgment upon its first cause of action for the recovery of chattel, i.e., computer equipment, was properly denied since defendants had not been afforded the requisite notice of the motion and opportunity to submit evidence in opposition thereto. In any event, in light of evident factual issues respecting the ownership of the computers plaintiff would recover, including whether the computers are the ones initially loaned to defendants by plaintiff or replacements therefor furnished by defendants, and whether the computers have, as defendants claim, become irrevocably merged with their intellectual property, the motion, even if not procedurally flawed, would have been properly denied on the merits. Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.

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—Order, Supreme Court, New York County (Stuart Cohen, J.), entered December 12, 1997, which, to the extent appealed from, denied plaintiff’s motion for summary judgment upon its first cause of action for the recovery of chattel, unanimously affirmed, without costs.

Plaintiff’s motion for summary judgment upon its first cause of action for the recovery of chattel, i.e., computer equipment, was properly denied since defendants had not been afforded the requisite notice of the motion and opportunity to submit evidence in opposition thereto. In any event, in light of evident factual issues respecting the ownership of the computers plaintiff would recover, including whether the computers are the ones initially loaned to defendants by plaintiff or replacements therefor furnished by defendants, and whether the computers have, as defendants claim, become irrevocably merged with their intellectual property, the motion, even if not procedurally flawed, would have been properly denied on the merits. Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 227, 680 N.Y.S.2d 230, 1998 N.Y. App. Div. LEXIS 12475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worldstyle-inc-v-sparks-productions-inc-nyappdiv-1998.