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BMW FINANCIAL SERVICES NA, INC. v. THREE BROTHERS COMPUTER & VIDEO, INC.

305 A.D.2d 345 (2003)

757 N.Y.S.2d 892

BMW FINANCIAL SERVICES NA, INC., Respondent, v. THREE BROTHERS COMPUTER & VIDEO, INC., et al., Defendants, and JAMES F. GARSON, Appellant.

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

Decided May 5, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff is the lessor's assignee of a lease under which a BMW automobile was leased to the defendant Three Brothers Computer & Video, Inc. (hereinafter Three Brothers). After Three Brothers defaulted on the lease payments, the plaintiff sued, among others, the appellant, alleging that he signed the lease on behalf of Three Brothers and personally guaranteed the lease payments. In his answer, the appellant asserted...

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