Legal Opinion
Fazio v. Loweth
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1985PublishedCited by 5 opinions
1Opinion of the Court
In an action to enforce a promissory note, plaintiff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated July 3, 1984, which denied his motion for summary judgment in lieu of a complaint and directed that a complaint be served.
Order affirmed, with costs.
Plaintiff commenced this action, to enforce what he characterizes as a negotiable promissory note, by service of a summons and notice of motion for summary judgment in lieu of a complaint, along with supporting papers. The instrument in question, which is dated November 15, 1982, reads as follows: "This is to certify…
2Cases cited1 opinion
- Hegeman v. . MoonNew York Court of Appeals · 1892
3Cited by5 opinions
- A.I. Trade Finance, Inc. v. Laminaciones De Lesaca, S.A. And Altos Hornos De Vizcaya, S.A.Court of Appeals for the Second Circuit · 1994
- Banco Nacional Ultramarino, S. A. v. ChanNew York Supreme Court · 1996
- Joint Venture Asset Acquisition v. ZellnerDistrict Court, S.D. New York · 1992
- Kahan v. SulaymanovAppellate Division of the Supreme Court of the State of New York · 1996
- Silverberg v. MirenbergCivil Court of the City of New York · 2001