Spielman v. Acme National Sales Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
By motion for summary judgment in lieu of complaint pursuant to CPLR 3213, plaintiff commenced this action to recover upon a promissory note for the payment of money only. The note was given as partial consideration for the sale of the assets of the former Acme National Sales Company, Inc. (hereinafter Acme). At the time of the purchase, the parties entered into a collateral noncompetition agreement which provided, inter alia, that plaintiff would not compete with defendant for seven years.
Plaintiff, having established a prima facie case by proof of the note and default in payment thereon, is…
2Cases cited8 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
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.New York Court of Appeals · 1986
- Kornfeld v. NRX Technologies, Inc.New York Court of Appeals · 1984
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- DH Cattle Holdings Co. v. KuntzAppellate Division of the Supreme Court of the State of New York · 1991
- DH Cattle Holdings Co. v. ReinosoAppellate Division of the Supreme Court of the State of New York · 1991
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