GE v. NATL. TRACTOR TRAILER


175 Misc.2d 20 (1997)

667 N.Y.S.2d 614

General Electric Capital Corporation, Doing Business as Mita Financial Services, Plaintiff, v. National Tractor Trailer School, Inc., Defendant and Third-Party Plaintiff. Business Services Company of Utica, Inc., Now Known as IKON Office Solutions of New York, Inc., and/or IKON Office Solutions, Inc., Doing Business as KEX, and/or Doing Business as IKON, et al., Third-Party Defendants.

Supreme Court, Onondaga County.

November 17, 1997


Attorney(s) appearing for the Case

Costello, Cooney & Fearon, Syracuse (Edmund J. Gegan of counsel), for plaintiff. Ali, Pappas & Cox, Syracuse (Thomas P. Givas of counsel), for defendant and third-party plaintiff. Levitt & Gordon, New Hartford (Dean L. Gordon of counsel), for Business Services Company of Utica, Inc., third-party defendant. Dorsey & Whitney, New York City (Patrick J. Feeley of counsel), for Canon U.S.A., Inc., third-party defendant.


CHARLES T. MAJOR, J.

Plaintiff, General Electric Capital Corporation (GECC), moves for summary judgment pursuant to CPLR 3212 on a breach of a finance lease contract claim against the defendant, National Tractor Trailer School, Inc. (NTTS). The matter is one of first impression under UCC article 2-A. NTTS asserts as affirmative defenses that GECC fails to state a cause of action; that NTTS rightfully rejected...

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