ESTATE OF ANTHONY D'ANDREA, A/K/A ANTHONY F. D'ANDREA, Deceased

ESTATE OF ANTHONY D'ANDREA, A/K/A ANTHONY F. D'ANDREA, Deceased. (10/467/E) — Lyon Financial Services Inc. d/b/a US Bankcorp Manifest Funding Services, (hereafter "Lyon Financial"), and Time Payment Corp., (hereafter "Time Payment"), the petitioners herein, move for summary judgment alleging they are entitled to recover the sum of $94,457.78, and $66,108.38, respectively, for the breach of two leased equipment contracts. Petitioners, as creditors of the estate, duly presented their claims to the temporary administrator, but said claims were rejected.

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ESTATE OF ANTHONY D’ANDREA, A/K/A ANTHONY F. D’ANDREA, Deceased. (10/467/E) — Lyon Financial Services Inc. d/b/a US Bankcorp Manifest Funding Services, (hereafter “Lyon Financial”), and Time Payment Corp., (hereafter “Time Payment”), the petitioners herein, move for summary judgment alleging they are entitled to recover the sum of $94,457.78, and $66,108.38, respectively, for the breach of two leased equipment contracts. Petitioners, as creditors of the estate, duly presented their claims to the temporary administrator, but said claims were rejected.

Petitioners are in the business of financing lease contracts. They allege to have financed the leasing of equipment for decedent’s restaurant. Respondents, The Road House, Inc., d/b/a Nonna’s Pizzeria Restaurant Corporation (hereafter “Nonna’s”), Mark D’Andrea (hereafter “Mr. D’Andrea”), and Toni L. Scarito (hereafter “Ms. Scarito”) as temporary administrator for the estate of Anthony D’Andrea, oppose petitioners’ motion on grounds that question of fact exist because the lease contracts do not accurately reflect the creditors, the equipments leased and the delivery address. This is the second summary judgment motion by Lyon Financial Services seeking payment from the estate. The previous motion was denied on June 4, 2013. The issues herein are fraud, liability, contract dispute and intentional delay.

ESTATE OF ANTHONY D'ANDREA, A/K/A ANTHONY F. D'ANDREA, Deceased

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