NTL CAPITAL, LLC v. RIGHT TRACK RECORDING, LLC

2693, 113748/07

73 A.D.3d 410 (2010)

901 N.Y.S.2d 4

NTL CAPITAL, LLC, Assignee of Wells Fargo Bank of Minnesota National Association, Respondent, v. RIGHT TRACK RECORDING, LLC, et al., Appellants, et al., Defendant.

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

Decided May 4, 2010.


Contrary to Right Track's contention, plaintiff, as assignee of the equipment lease entered into between Wells Fargo Bank and Right Track, has standing to bring this action to enforce the terms of the lease. Pursuant to the settlement agreement between Wells Fargo and Right Track, the lease and its terms remain in full force and effect because Right Track failed to pay the settlement amount. Accordingly, pursuant to the terms of the lease, Wells Fargo was entitled to assign...

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