Kahan v. Sulaymanov

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiffs motion for summary judgment against defendant Vyachslav Sulaymanov. Sulaymanov presented evidence that plaintiff took the note with actual knowledge of a defense to the note, raising a triable issue whether plaintiff is a holder in due course (see, Fazio v Loweth, 112 AD2d 135, 137; UCC 3-302 [1] [c]). Even if plaintiff is a holder in due course, summary judgment was properly denied. Sulaymanov’s allegations of fraud in the inducement and misrepresentation, defenses that may be raised against a holder…