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STUDEBAKER-WORTHINGTON LEASING v. CERVERA

024177/09.

28 Misc.3d 430 (2010)

904 N.Y.S.2d 644

STUDEBAKER-WORTHINGTON LEASING, a Division of MAIN STREET BANK, Plaintiff, v. ANGELO CERVERA, Defendant.

Supreme Court, Nassau County.

Decided April 26, 2010.

Attorney(s) appearing for the Case

Reisman Peirez & Reisman LLP, Garden City, for plaintiff.

Law Offices of Henry E. Rakowski , Bellmore, for defendant.

OPINION OF THE COURT

STEPHEN A. BUCARIA, J.

Motion by plaintiff for summary judgment is granted. Cross motion by defendant to dismiss the complaint for lack of capacity to sue is denied.

This is an action upon a written guaranty. Plaintiff Studebaker-Worthington Leasing is a division of Main Street Bank, which is located in Texas. On January 2, 2008, plaintiff entered into an equipment lease with Ro-An Industries Corporation covering a hardware server...

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