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MBF Leasing, LLC v. Reicks

Civil Court of City of New York, New York County

July 15, 2013

MBF LEASING, LLC, Plaintiff,
v.
Luann REICKS, Defendant. No. 15843/11.

Editorial Note:

This decision has been referenced in a table in the New York Supplement.

Joseph Sussman, New York.

Chittur & Associates, P.C., Ossining, for Defendant.

LYNN R. KOTLER, J.

Recitation, as required by CPLR ยง 2219[a] of the papers considered in the review of this (these) motion(s):

Paper Numbered

Def's n/m (dismiss), affirm, exhs 1

Ptlf's LK affid in opp, exhs 2

Def's AS reply affirm, exhs 3

This action arises from the defendant's alleged breach of a lease. Defendant now moves to dismiss based upon the following grounds: " [1] want of personal jurisdiction in that since the entire transaction was permeated with fraud, this Court should refuse to enforce the consent of jurisdiction clause in the lease under Studebaker-Worthington Leasing Corp. v. New Concepts Realty, Inc., 25 Misc.3d 1 [NY App Term 2d Dept 2009]; or alternatively [2] forum non conveniens, since all material witnesses, including Plaintiff's agents who met with Defendant are beyond the jurisdiction of this Court, and it is otherwise unreasonable to try and litigate this action here." Plaintiff opposes the motion.

For the reasons that follow, the motion is denied.

Based upon the summons and complaint, plaintiff claims that it entered into an Equipment Finance Lease (the " lease" ) with the defendant for merchant processing equipment for defendant's restaurant, South Bar & Grill. Under the lease, defendant was required to make monthly payments of $25.99 for a term of 48 months via ACH debits to defendant's bank account. For this purpose, defendant allegedly provided a voided ...


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