Legal Opinion
Silver v. Silver
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2005PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 8, 2004, which, inter alia, granted plaintiffs motion for summary judgment in lieu of a complaint, unanimously affirmed, with costs.
Plaintiff established a prima facie right to recovery by submitting proof of the promissory note sued upon and defendant’s failure to make payment according to its terms (see Alard, L.L.C. v Weiss, 1 AD3d 131 [2003]). Defendant failed to meet its consequent burden to come forward with admissible evidence establishing a triable issue (see generally Zuckerman v City of New York, 49 NY2d 557,…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alard v. WeissAppellate Division of the Supreme Court of the State of New York · 2003
- Joint Venture Asset Acquisition v. TufanoAppellate Division of the Supreme Court of the State of New York · 1994
- Connecticut National Bank v. HackAppellate Division of the Supreme Court of the State of New York · 1992
- Coutts Bank (Switzerland) Ltd. v. AnatianAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by2 opinions
- North Fork Bank v. ABC Merchant Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Shields v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016