QUANTUM CORPORATE FUNDING, LTD. v. SOUTHWESTERN BELL TELEPHONE, LP


45 A.D.3d 505 (2007)

847 N.Y.S.2d 43

QUANTUM CORPORATE FUNDING, LTD., as Assignee of MICHAELENE PARKER, Doing Business as M&P CONSTRUCTION, Respondent, v. SOUTHWESTERN BELL TELEPHONE, LP, Appellant.

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

Decided November 29, 2007.


Dismissal of the complaint was appropriately denied in this action where plaintiff is seeking payment allegedly due under the assignment of a factoring agreement. Accepting plaintiff's allegations as true on this pre-answer motion to dismiss (see EBC I, Inc. v Goldman, Sachs & Co., 5 N.Y.3d 11, 19 [2005]), upon forwarding to defendant's designated branch manager an estoppel certificate that, inter alia, declared that it was subject...

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