Leiser v. System D Restaurant Holdings, Inc.

OPINION OF THE COURT

Lucy Billings, J.

I. Introduction

Plaintiff moves for summary judgment in lieu of a complaint against defendant for the unpaid balance of a promissory note. (CPLR 3213.) Defendant opposes plaintiff’s motion on the ground that the promissory note was an investment in a restaurant venture, instead of a loan. For the reasons explained below, the court grants plaintiffs motion.

To be entitled to summary judgment in lieu of a complaint on a promissory note, plaintiff must present evidence of its execution and delivery, her demand for payment, and defendant’s nonpayment. (CPLR…