United States Second Circuit

In an action to collect a debt, district court's grant of plaintiff's motion for summary judgment is vacated in part and affirmed in part where: 1) the statement in defendant's affidavit opposing the motion was made with sufficient personal knowledge to create a genuine issue of material fact as to whether the senior debt had not been repaid and thus the motion should not have been granted; and 2) the district court properly denied defendant's claim that plaintiff acquired its interest in the disputed debt with a champertous purpose in violation of Section 489 of New York's Judiciary Law. Case is remanded for further proceedings.

Appellate Information

• Decided 03/12/2009
• Published 03/12/2009

Judges

• SACK, Circuit Judge:, Before SACK and WESLEY, Circuit Judges, and KAHN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard Gabriele, Westerman, Ball, Ederer, Miller & Sharfsten, LLP, Mineola, NY, for Appellants.


• For Appellees:
  
• Steven Giordano, Vlock & Associates, P.C., New York, NY, for Appellees.