BANK OF AMERICA, N.A. v. J.P.T. AUTOMOTIVE, INC.


52 A.D.3d 553 (2008)

861 N.Y.S.2d 681

BANK OF AMERICA, N.A., Appellant, v. J.P.T. AUTOMOTIVE, INC., Respondent.

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

Decided June 10, 2008.


Ordered that the order, as amended, is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment dismissing the defendant's second, third, and fourth affirmative defenses, and for summary judgment on the complaint are granted.

The plaintiff bank had a retail dealer agreement with the defendant car dealership, pursuant to which financing agreements for vehicles sold by the defendant were...

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