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Formula Equipment Leasing, Inc. v. Interstate Industrial Corp.

Citations: 245 A.D.2d 261; 666 N.Y.S.2d 9; 1997 N.Y. App. Div. LEXIS 12060

Court: Appellate Division of the Supreme Court of the State of New York; November 30, 1997; New York; State Appellate Court

Narrative Opinion Summary

In an action to recover rental payments from equipment leases, the defendants appeal both an order from the Supreme Court, Rockland County, which granted the plaintiff's motion for summary judgment and struck the defendants' answer, and a subsequent judgment in favor of the plaintiff for $341,435.02. The appeal from the order is dismissed because the right to directly appeal ended with the entry of the judgment. The issues addressed in the order are reviewed in the context of the judgment appeal. The plaintiff successfully established their entitlement to judgment as a matter of law, while the defendants failed to show any triable issues regarding their defenses and counterclaims. As a result, the Supreme Court's decision to grant summary judgment in favor of the plaintiff is affirmed, and the respondent is awarded one bill of costs. Judges Altman, Friedmann, Krausman, and McGinity concur in this decision.

Legal Issues Addressed

Awarding of Costs Following Affirmation of Summary Judgment

Application: The Supreme Court's decision to grant summary judgment in favor of the plaintiff was affirmed, and the respondent was awarded costs.

Reasoning: The Supreme Court's decision to grant summary judgment in favor of the plaintiff is affirmed, and the respondent is awarded one bill of costs.

Dismissal of Appeal from Order Following Judgment Entry

Application: The appeal from the order is dismissed because the right to directly appeal ended once the judgment was entered, and the issues are instead reviewed in the context of the judgment appeal.

Reasoning: The appeal from the order is dismissed because the right to directly appeal ended with the entry of the judgment.

Summary Judgment Entitlement

Application: The plaintiff was granted summary judgment after successfully establishing their right to judgment as a matter of law, as the defendants could not demonstrate any triable issues of fact regarding their defenses and counterclaims.

Reasoning: The plaintiff successfully established their entitlement to judgment as a matter of law, while the defendants failed to show any triable issues regarding their defenses and counterclaims.