Christopher v. Gurrieri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover money allegedly due upon a promissory note, the defendants appeal from a judgment of the Supreme Court, Queens County (Lonschein, J.), entered August 14, 1995, which, after a non-jury trial, is in favor of the plaintiffs and against them in the principal sum of $226,900.
Ordered that the judgment is affirmed, with costs.
The promissory note sued upon was executed by the defendants in connection with their purchase of the plaintiff’s business. Therefore, the transaction was neither a loan nor a forbearance (see, General Obligations Law § 5-501) but was in the nature of a…
2Cases cited4 opinions
- Szerdahelyi v. HarrisNew York Court of Appeals · 1986
- Mandelino v. FribourgNew York Court of Appeals · 1968
- Stitz v. StevensAppellate Division of the Supreme Court of the State of New York · 1979
- Stitz v. StevensNew York Court of Appeals · 1979
3Cited by1 opinion
- C & M Air Systems, Inc. v. Custom Land Development Group IIAppellate Division of the Supreme Court of the State of New York · 1999