National Recovery System v. Zemnovitch

—In an action to recover moneys due and owing, the plaintiff appeals from an order of the Supreme Court, Kings County (Demarest, J.), dated June 23, 1997, which denied its motion for summary judgment in lieu of a complaint pursuant to CPLR 3213.

Ordered that the order is affirmed, with costs.

The defendant allegedly incurred $400,000 in gambling debts at a casino in Aruba and signed a series of notes and checks, more commonly known as “markers” in the gambling industry, totaling $400,000, payable on demand to the plaintiff’s assignor. When the defendant refused to honor the markers, the…