| General Elec. Capital Bus. Asset Funding Corp. of Conn. v Kazi Family LLC |
| 2015 NY Slip Op 02047 [126 AD3d 524] |
| March 17, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| General Electric Capital Business Asset Funding
Corporation of Connecticut et al., Respondents, v Kazi Family LLC et al., Defendants, and Zubair Kazi, Appellant. |
Richard A. Kraslow, P.C., Melville (Richard A. Kraslow of counsel), for appellant.
Reed Smith LLP, New York (Christopher A. Lynch of counsel), for respondents.
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered October 11, 2013, which denied defendant Zubair Kazi's (defendant) motion for, among other things, an evidentiary hearing to determine whether payments made by and/or on behalf of defendant and/or certain debtors were applied by plaintiffs to satisfy a judgment against defendant and to determine the amount of any overpayment of the judgment, unanimously affirmed, with costs.
The motion court properly denied defendant's motion to the extent he sought a hearing regarding his alleged overpayment of a judgment against him. Defendant has not provided competent evidence to support his conclusory allegation that he overpaid the judgment (see Susi Contr. Co. v Hartford Acc. & Indem. Co., 172 AD2d 255, 256 [1st Dept 1991], appeal dismissed and lv denied 78 NY2d 984 [1991]). Concur—Mazzarelli, J.P., Sweeny, Renwick, Feinman and Kapnick, JJ.