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ORIX FINANCIAL SERVICES, INC. v. UNITED DIVERSIFIED, LLC

Index No. 604358/06. Mot. Seq. 001.

2008 NY Slip Op 32008 (U)

ORIX FINANCIAL SERVICES, INC. Vida ORIX CREDIT ALLIANCE, INC., Plaintiff, v. UNITED DIVERSIFIED, LLC, JOSEPH ZINGALE and MICHAEL GALELLA, Defendants.

Supreme Court of the State of New York, New York County.

July 11, 2008.

Attorney(s) appearing for the Case

Marshall & Quentzel, LLC, Nyack, New York, (Robert M. Marshall), for Plaintiff.

Riker, Danzig, Schcrer, Hyland, Perretti, Morristown, New Jersey, (Lauren H. Lezak), for Defendants.

FRIED, J.

Plaintiff Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc. (Orix) moves, pursuant to CPLR 3212, for summary judgment against United Diversified, LLC (United), Joseph Zingale, and Michael Galella (Zingale and Galella together, Guarantors).

Orix alleges as follows: on June 12, 2000, United executed and delivered to Binder Machinery Co. (Binder) a "Conditional Sale Contract Note" (June 12 Note) pursuant to which United purchased from Binder...

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