Legal Opinion
Hall v. Burke Steel Service Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1976PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Plaintiffs properly commenced this action based on an instrument for the payment of money only as a motion for summary judgment in lieu of a complaint (CPLR 3213). Special Term denied the motion, finding that the affidavits established substantial triable issues of fact. We agree. Execution of the note and default in payment having been established by plaintiffs, and not being denied by defendants, it was incumbent on defendants to come forward with proof of evidentiary facts showing the existence of a genuine and substantial issue…
2Cases cited6 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
- Mills v. RyanAppellate Division of the Supreme Court of the State of New York · 1973
- Century Construction Corp. v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1972
- Crompton-Richmond Co. v. PetersonAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by2 opinions
- Shields v. StevensAppellate Division of the Supreme Court of the State of New York · 1977
- Marine Midland Bank v. DiMarzoAppellate Division of the Supreme Court of the State of New York · 1977