WORLDSTYLE, INC. v. SPARKS PRODS., INC.


255 A.D.2d 227 (1998)

680 N.Y.S.2d 230

Worldstyle, Inc., Appellant, v. Sparks Productions, Inc., et al., Respondents

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

November 19, 1998


Plaintiff's motion for summary judgment upon its first cause of action for the recovery of chattel, i.e., computer equipment, was properly denied since defendants had not been afforded the requisite notice of the motion and opportunity to submit evidence in opposition thereto. In any event, in light of evident factual issues respecting the ownership of the computers plaintiff would recover, including whether the computers are the ones initially loaned to defendants by plaintiff...

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