While the subject equipment lease did not qualify as a finance lease, the parties expressly agreed to treat it as such (see UCC 2-A-103 [1] [g], Comment). Further, because the lease required defendant Ensig Group, Ltd., as lessee, to pay the amounts due to plaintiff lessor, even if the vendor failed to deliver the equipment, the vendor's failure to deliver the equipment did not render the lease void for lack of consideration. Indeed, plaintiff's only obligation under...
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