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MIDLANTIC COMMERCIAL LEASING CORP. v. SIERRA

201 A.D.2d 629 (1994)

609 N.Y.S.2d 837

Midlantic Commercial Leasing Corp., Respondent, v. Jose Sierra et al., Appellants

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

February 22, 1994

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that no triable issues of fact exist (see, CPLR 3212). The defendants' contention that the plaintiff recovered possession of the leased equipment before obtaining a money judgment for payments due under the lease, which amounted to a security agreement (see, UCC 1-201 [37]; 9-102 [2]), is speculative and unsupported. Accordingly...

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