Coladonato v. Pizza

Order, Supreme Court, New York County (Stephen Crane, J.), entered March 24, 1997, granting defendant’s motion for reargument and, upon reargument, adhering to its decision and judgment of October 7, 1996, which, inter alia, granted the branches of plaintiffs motion seeking summary judgment on the complaint and dismissal of each of defendant’s affirmative defenses and the first and second counterclaims, unanimously affirmed, with costs.

It is well settled that proof showing due execution and default in payment on a promissory note, which is not disputed here, establishes a prima facie case and…