Hemmings v. Sutton

Judgment, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 17, 2015, dismissing with prejudice the complaint seeking to enforce a promissory note, and bringing up for review an order, same court and Justice, entered on or about September 30, 2015, which, after a bench trial, directed that judgment be entered in favor of defendant, unanimously affirmed, with costs.

The trial court properly concluded that the note plaintiff sought to enforce was void due to a lack of consideration (see UCC 3-408; Samet v Binson, 122 AD3d 710, 711 [2d Dept 2014]). Plaintiff testified that…