AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PREMIUM ASSIGNMENT CORPORATION, Appellant, v. UTOPIA HOME CARE, INC., Respondent.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the amount of the attorney's fee to be awarded to the plaintiff, and thereafter for entry of an appropriate judgment.

The plaintiff made a prima facie showing of its entitlement to summary judgment pursuant to CPLR 3213 by establishing the existence of an instrument for the payment of a sum certain and the defendant's failure to make the payments called for by its terms ( see Juste v Niewdach, 26 AD3d 416). In opposition, the defendant failed to raise a triable issue of fact or a meritorious defense ( see Black Rock, Inc. v Z Best Car Wash, Inc., 27 AD3d 409). Contrary to the defendant's contention, the instrument at issue did not require any additional performance on the part of the plaintiff as a condition precedent to repayment, nor did it require the plaintiff to pursue its claim against the defendant's insure r ( see Afco Credit Corp. v Boropark Twelfth Ave. Realty Corp., 187 AD2d 634).

Since, the instrument did not provide for a sum certain with respect to the recovery of an attorney's fee in the event of a default in payment on the instrument, a hearing must be held to determine the amount of such award ( see Borg v Belair Ridge Dev. Corp., 270 AD2d 377, 378).

Use AI to get other relevant cases.

Comments

PRE. ASS. v. UTO. HOME CARE
(Jan 20, 2009)