Ness v. Fellus

Plaintiff established his entitlement to summary judgment by producing the loan note for $500,000 executed by defendant on May 28, 2008 (note one) and demonstrating that defendant *552failed to pay in accordance with the note’s terms (see CPLR 3213; Wachovia Bank, N.A. v Silverman, 84 AD3d 611 [2011]). In opposition, defendant failed to present evidence to support his contention that the repayment obligations of note, one were superceded or abrogated by a promissory note for $500,000 executed by defendant’s company, Joab Capital, and plaintiff (note two) (see e.g. Hirsch v Rifkin, 166 AD2d 293…