HERTZ COMMERCIAL LEASING CORP. v. TRANSP. CREDIT CLEARING HOUSE


64 Misc.2d 910 (1970)

Hertz Commercial Leasing Corporation, Appellant, v. Transportation Credit Clearing House, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 8, 1970


Attorney(s) appearing for the Case

Sahn, Shapiro & Epstein (Morris Shapiro and Alan R. Katz of counsel), for appellant. Samuel Burstein for Transportation Credit Clearing House, Inc., and another, respondents.

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


Per Curiam.

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...

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