Cadlerock Joint Venture, L.P. v. Homesell, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover on a promissory note and personal guaranty, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated April 11, 2014, which denied its motion for summary judgment on the complaint.
Ordered that the order is reversed, on the law, with costs, and the plaintiff’s motion for summary judgment on the complaint is granted.
Contrary to the Supreme Court’s determination, the plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence of the existence of an underlying promissory note and personal…
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