Legal Opinion
Cadlerock, L.L.C. v. Renner
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 2010PublishedCited by 18 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 3, 2009, which denied plaintiffs motion for summary judgment on its claim for recovery on a promissory note, unanimously affirmed, with costs.
Defendant sufficiently pleaded his statute of limitations affirmative defense (see Immediate v St. John’s Queens Hosp., 48 NY2d 671, 673 [1979]). Contrary to plaintiffs contention, the promissory note, which required defendant to pay principal and interest payments monthly for 20 years, after which the loan would have self-liquidated, was an installment contract (see…
2Cases cited5 opinions
- Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
- Phoenix Acquisition Corp. v. Campcore, Inc.New York Court of Appeals · 1993
- Immediate v. St. John's Queens HospitalNew York Court of Appeals · 1979
- Kahn v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Superintendent of Insurance v. KennyAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by18 opinions
- Scholastic Inc. v. Pace Plumbing Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Garber v. StevensAppellate Division of the Supreme Court of the State of New York · 2012
- Beram v. Ceaco, Inc.District Court, D. Massachusetts · 2016
- Tosapratt, LLC v. Sunset Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- DiCenzo v. MoneAppellate Division of the Supreme Court of the State of New York · 2021
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