Sterritt v. Heins Equipment Co.
Cases that cite this one
6 later published cases cite this decision.
- Flatbush Pacific Development Corp. v. Markowitz (Appellate Division of the Supreme Court of New York 2008)
- Rainbow Hospitality Management, Inc. v. Mesch Engineering, P. C. (Appellate Division of the Supreme Court of New York 2000)
- Ilic v. Rochester Gas & Electric Corp. (Appellate Division of the Supreme Court of New York 1999)
- D.B.S. Realty, Inc. v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 1994)
- Statom v. County of Dutchess (Appellate Division of the Supreme Court of New York 1991)
- Averbach v. Board of Assessors (Appellate Division of the Supreme Court of New York 1991)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered May 15, 1984 in Schoharie County, which, in an action pursuant to CPLR article 71, inter alia, granted defendants’ cross motions to dismiss the complaint.
In 1980, James K. Sterritt (hereinafter Sterritt), doing business as Flo’s Valley Farm in the Village of Valatie, Columbia County, entered into a retail installment contract with defendant Heins Equipment Company, Inc., to purchase two wagons and forage boxes to be paid for in 36 equal payments. Heins assigned its security interest in the farm equipment to defendant Sperry Rand Corporation, Sperry New Holland Division. When Sterritt defaulted on certain payments, the farm equipment was repossessed and sold.
We affirm. It is beyond dispute that the purchaser of the equipment was Sterritt on behalf of the Flo’s Valley Farm located in Columbia County. It is also true that a separate and distant farming operation was operated by plaintiff under a similar name in Schoharie County.
While it is well established that on a motion to dismiss a complaint the pleading must be liberally construed (CPLR 3026; Raymond Corp. v Coopers & Lybrand, 105 AD2d 926, 928) and all factual averments of the complaint must be deemed true, an entire complaint cannot be predicated solely on conclusory statements unsupported by factual allegations (Cushing v Cushing, 85 AD2d 809, 810). Here, plaintiff sought to base her entire action against Heins and Sperry on her conclusory statement that she "has standing to sue, whether she acquired the right to sue by lease, by assignment * * * or by whatever means she acquired the right to sue”. Plaintiff offered no factual allegations to support this conclusory statement. There is nothing in the record indicating that plaintiff had any interest in the farm equipment or any rights under the retail installment contract. Special Term therefore properly granted the motions to dismiss the complaint.
Order affirmed, with one bill of costs. Mahoney, P. J., Kane, Main, Casey and Harvey, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.