Epstein v. Scally

In denying plaintiff’s motion for summary judgment in lieu of a complaint on a $16,000 promissory note, Special Term found that defendant’s claim of fraud in the inducement presented an issue of fact. I disagree and would grant plaintiff summary judgment. Defendant, a doctor, purchased the medical practice of Emanuel Z. Epstein, the deceased, from plaintiff, the executor of his estate, for $24,000, of which $8,000 was paid on September 16, 1982, the date of sale, with the balance of $16,000, as evidenced by a note in that amount executed by defendant in plaintiff’s favor, payable in 12 equal…