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UNISTAR LEASING, DIV. OF UNITED COMPUTER CAPITAL CORP. v. LIPKIN

12 A.D.3d 1166 (2004)

784 N.Y.S.2d 423

UNISTAR LEASING, DIV. OF UNITED COMPUTER CAPITAL CORP., Appellant, v. MARK LIPKIN, Individually and Doing Business as ARNOLD THRIFT SHOP, Respondent and Third-Party Plaintiff-Respondent. UNITED COMPUTER CAPITAL CORPORATION, Third-Party Defendant-Appellant.

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

November 19, 2004.

It is hereby ordered that the judgment and order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and judgment is ordered in accordance with the following Memorandum: Plaintiff commenced this action to recover the balance allegedly due under an equipment finance lease (see UCC 2-A-103 [1] [g]) and personal guaranty executed by defendant, covering an ATM terminal supplied by Credit Card Center. Supreme Court...

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