FORD MOTOR CREDIT COMPANY v. DOLLINGER


303 A.D.2d 451 (2003)

756 N.Y.S.2d 453

FORD MOTOR CREDIT COMPANY, Respondent, v. DOUGLAS R. DOLLINGER, Appellant.

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

Decided March 10, 2003.


Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 N.Y.2d 557 [1980]). In opposition, the defendant failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]).

While leave to amend a pleading should be freely given...

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