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Hertz Cml. Leasing v. Tr. CR CH

Supreme Court, Appellate Term, First Department
Jan 8, 1970
64 Misc. 2d 910 (N.Y. App. Term 1970)

Opinion

January 8, 1970

Appeal from the Civil Court of the City of New York, New York County, MARTIN EVANS, J.

Sahn, Shapiro Epstein ( Morris Shapiro and Alan R. Katz of counsel), for appellant.

Samuel Burstein for Transportation Credit Clearing House, Inc., and another, respondents.


In this action alleging default in rental payments upon equipment lease agreements, the plaintiff's moving papers for summary judgment based on documentary evidence were opposed by conclusory statements devoid of evidentiary facts. "This motion called upon the defendant to assemble and reveal his proofs in order to show that the matters set up in his answer were real and capable of being established upon trial * * * Mere general averments will not suffice" ( Dodwell Co. v. Silverman, 234 App. Div. 362, 363). The answering affidavit to this motion thus failed to meet or controvert both factual and legal issues. Consequently, the motion should have been granted without reaching the questions of law regarding the application of article 2 of the Uniform Commercial Code.

The order should be reversed with $10 costs and motion granted.

Concur — QUINN, J.P., GOLD and MARKOWITZ, JJ.

Order reversed, etc.


Summaries of

Hertz Cml. Leasing v. Tr. CR CH

Supreme Court, Appellate Term, First Department
Jan 8, 1970
64 Misc. 2d 910 (N.Y. App. Term 1970)
Case details for

Hertz Cml. Leasing v. Tr. CR CH

Case Details

Full title:HERTZ COMMERCIAL LEASING CORPORATION, Appellant, v. TRANSPORTATION CREDIT…

Court:Supreme Court, Appellate Term, First Department

Date published: Jan 8, 1970

Citations

64 Misc. 2d 910 (N.Y. App. Term 1970)
316 N.Y.S.2d 585

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