Orr v. Yun

Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 22, 2010, which, in an action seeking payment on a promissory note, inter alia, granted plaintiffs motion for summary judgment pursuant to CPLR 3213, unanimously affirmed, without costs.

Plaintiff established his entitlement to judgment as a matter law by producing the promissory note executed by defendants and demonstrating that they failed to pay (see Judarl v Cycletech, Inc., 246 AD2d 736, 737 [1998]). In opposition, defendants failed to raise a triable issue as to whether plaintiff fraudulently induced them to execute…