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ADVANTA LEASING v. LAUREL WAY SPUR PETROLEUM
Appellate Division of the Supreme Court of New York, Second Department.
Oct 18, 2004
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The plaintiff met its initial burden of establishing its entitlement to judgment as a matter of law by submitting the equipment lease and proof of nonpayment ( see Preferred Capital v. PBK, Inc., 309 AD2d 1168; Canon Fin. Servs. v. Medico Stationery Serv., 300 AD2d 66). In opposition thereto, the defendants failed to raise a triable issue of fact ( see Preferred Capital v. PBK, Inc., supra).
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