ADVANTA BUSINESS SERVICES CORP. v. FIVE C'S HARDWARE & PAINT STORE, INC.


256 A.D.2d 369 (1998)

681 N.Y.S.2d 569

ADVANTA BUSINESS SERVICES CORP., Formerly Known as ADVANTA LEASING CORP., Appellant, v. FIVE C'S HARDWARE & PAINT STORE, INC., et al., Respondents, et al., Defendant.

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

Decided December 14, 1998.


Ordered that the order is affirmed, with costs.

The plaintiff assignee commenced this action seeking to enforce what it characterized as a lease of computer equipment executed by the defendant Independent Capital Corporation (hereinafter Independent) as lessor and the respondent Five C's Hardware & Paint Store, Inc. (hereinafter Five C's) as lessee, with a personal guaranty by the respondent Frank R. Cuccia, the President...

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