Legal Opinion
Shields v. Stevens
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1977No. Appeal No. 1PublishedCited by 9 opinions
1Opinion of the Court
Order and judgment unanimously affirmed, with costs. Memorandum: Plaintiffs properly commenced their actions based on instruments for the payment of money only, i.e., promissory notes, as motions for summary judgment in lieu of a complaint (CPLR 3213). Special Term granted the motions finding that defendant’s affidavits, which alleged the same facts in each action, failed to establish substantial triable issues of fact. We agree. Execution of the notes and default in payment having been established by plaintiffs, and not being denied by defendant, it was incumbent upon defendant to come…
2Cases cited5 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
- Mills v. RyanAppellate Division of the Supreme Court of the State of New York · 1973
- Artistic Greetings, Inc. v. Sholom Greeting Card Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Hall v. Burke Steel Service Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by9 opinions
- I.P.L. Corp. v. Industrial Power & Lighting Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Capitol Distributors Corp. v. Church Avenue Wine & Liquor, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Marine Midland Bank v. DiMarzoAppellate Division of the Supreme Court of the State of New York · 1977
- National Union Fire Insurance v. FremontDistrict Court, S.D. New York · 1991
- Oquendo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
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