Opinion
23705
July 10, 2003.
Appeal by plaintiff from so much of an order of the Civil Court, Queens County (C. Markey, J.), entered July 12, 2002, as denied its motion for summary judgment.
Edwards Angell, LLP, New York City (Andrew P. Fishkin and David N. Cohen of counsel), for appellant.
Philip E.Orner, Flushing, for respondents and third-party plaintiffs.
PRESENT: PESCE, P.J., ARONIN and GOLIA, JJ.
ORDERED and ADJUDGED, that the relief requested in the petition be and hereby is granted to the extent that that portion of respondent's determinations dated November 8, 2002 and January 9, 2003, which denied petitioner's Freedom of Information Request dated September 13, 2002, be and hereby are vacated and annulled; and it is further
ORDERED and ADJUDGED, that, within thirty (30) days, respondent make available to petitioner the items specified in petitioner's Freedom of Information Application dated September 13, 2002 not previously furnished; and it is further
ORDERED and ADJUDGED, that petitioner's application for costs and attorneys fees is denied.
This shall constitute the decision, order and judgment of the Court. All papers are returned to the attorney for the petitioner who is directed to enter this Decision/Order/Judgment without notice and to serve all attorneys of record with a copy of this Decision/Order/Judgment with notice of entry.
Order insofar as appealed from unanimously reversed without costs, plaintiff's motion for summary judgment in the sum of $5,226.76 together with reasonable attorney's fees is granted and matter remanded to the court below for a determination of said fees.
The documentary evidence submitted upon plaintiff's motion for summary judgment established that defendants entered into a finance lease with plaintiff in accordance with article 2-A of the Uniform Commercial Code. The corporate defendant (with the individual defendant acting as guarantor) opted to lease a computer software program provided by a supplier of its own choosing. As a result, defendants were obligated to honor the terms of the lease agreement with plaintiff irrespective of any difficulties with the program or its supplier. Inasmuch as it is uncontroverted that defendants failed to make the required payment, plaintiff is entitled to recover the damages as set forth in the finance lease ( see generally UCC 2-A-103 [g]; 2-A-209, 2-A-407; see also General Elec. Capital Corp. v National Tractor Trailor School, 175 Misc.2d 20).