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DIRECT CAPITAL v. NEW ABI INC

13 Misc.3d 1151 (2006)

822 N.Y.S.2d 684

DIRECT CAPITAL CORPORATION, Plaintiff, v. NEW ABI INC., Doing Business as ABI INC., et al., Defendants. NEW ABI INC., Third-Party Plaintiff, v. MULLERSOHN FOTO LABOR TECHNIK, G.M.B.H., et al., Third-Party Defendants.

Supreme Court, Kings County.

October 4, 2006.

Attorney(s) appearing for the Case

Foster & Wolkind, P.C., New York City (Stewart Wolf of counsel), for plaintiff.

Raymond W.M. Chin, New York City, for defendants.

OPINION OF THE COURT

CAROLYN E. DEMAREST, J.

Plaintiff Direct Capital Corporation moves, pursuant to CPLR 3212, for summary judgment against defendants New ABI Inc., doing business as ABI Inc., and Angela Lu, also known as Angela Huang (collectively defendants), for breach of a finance lease contract for photo printer equipment and default under a related personal guaranty; pursuant to CPLR 3211, for dismissal of defendants' affirmative defenses; and for...

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