Rosenfeld v. CITY PAPER COMPANY

With respect to whether the trial court erred in granting summary judgment to the promisee (appellee) of a promissory note in face of the promisor's (appellant's) answer setting up "duress" and "lack of consideration," we affirm. Our affirmance on this issue is mandated, because the promisor's counter affidavit, in opposition to the promisee's motion for summary judgment, fails to raise a genuine issue of material fact, and thus the promisee is entitled to a judgment as a matter of law. Rule 56, A.R.Civ.P.

The remaining issue presented is whether the trial court erred in entering judgment for…