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FINOVA CAPITAL CORP. v. CVS REVCO D.S., INC.

269 A.D.2d 265 (2000)

702 N.Y.S.2d 823

FINOVA CAPITAL CORP., Respondent, v. CVS REVCO D.S., INC., Formerly Known as REVCO D.S., INC., Appellant. (And a Third-Party Action.)

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

Decided February 17, 2000.

Plaintiff, in this action for damages attributable to defendant's payments of certain invoices to a third party in alleged contravention of an assignment in plaintiff's favor, made out a prima facie entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324) by submitting copies of the subject invoices, which invoices contained clear notice of the assignment...

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