Legal Opinion
Russo v. O'Meara
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2002PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover on a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from a judgment of the Supreme Court, Nassau County (Austin, J.), entered June 27, 2001, which, upon an order of the same court, dated June 18, 2001, granting the motion, is in favor of the plaintiff and against her in the principal sum of $50,000.
Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.
“[A] document comes within CPLR 3213 ‘if a prima facie case would be made out by the…
2Cases cited3 opinions
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Beal Bank v. Melville Magnetic Resonance Imaging, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Ring v. JonesAppellate Division of the Supreme Court of the State of New York · 2004
- Stallone v. RostekAppellate Division of the Supreme Court of the State of New York · 2006
- Kritz v. O'MearaAppellate Division of the Supreme Court of the State of New York · 2002