Embick v. Gruber

Defendant appeals a summary judgment for plaintiff on a promissory note. The court ruled that defendant’s affirmative defenses and counterclaims were waived by action of defendant subsequent to the making of the promissory note. We reverse.

Plaintiff’s motion for summary judgment included an affidavit, of plaintiff and several attached exhibits. Defendant did not file counteraffidavits or offer any evidence in opposition to the motion for summary judgment.1 From the trial court file, plaintiff’s affidavit and the attached exhibits, we determine the facts leading up to the judgment.

On May…