CITIBANK v. TERM PEARL ST. GARAGE CORP.


203 A.D.2d 52 (1994)

612 N.Y.S.2d 837

Citibank, N. A., Respondent, v. Term Pearl Street Garage Corp., Appellant, and RRP Management Corp., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1994


The granting of summary judgment was inappropriate because Citibank failed to establish a prima facie case that A-Leet Leasing Corp. had materially breached their loan restructuring agreement. Citibank alleges several breaches of the agreement, but the allegations lack specificity and are not substantiated with any documentary evidence (Zuckerman v City of New York, 49 N.Y.2d 557, 562)...

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