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ORIX CREDIT ALLIANCE, INC. v. HORTEN

No. 96 Civil 1895 (LBS).

965 F.Supp. 481 (1997)

ORIX CREDIT ALLIANCE, INC., Plaintiff, v. Steven C. HORTEN, Jennie Horten, Robert Lazovich, Louise Lazovich, Harry W. Jessup, and Helen Jessup, Defendants.

United States District Court, S.D. New York.

May 19, 1997.

Attorney(s) appearing for the Case

Lewis M. Smoley, New York City, for Plaintiff.

Murphy, Pearson, Bradley & Feeney, Sacramento, CA, for Defendants; Mark E. Ellis, Gregory W. McCracken, of counsel.

OPINION

SAND, District Judge.

Plaintiff Orix Credit Alliance, Inc. ("Orix") sues to enforce a guaranty arising from an equipment lease. Plaintiff now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, we deny Plaintiffs motion for summary judgment, and instead grant summary judgment in favor of Defendants.

I.

BACKGROUND

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