Cadle Co. v. Gregory

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about June 22, 2001, which, in an action on a promissory note, insofar as appealed from, denied plaintiff’s predecessor’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff’s predecessor’s papers in support of the motion did not include evidentiary proof in admissible form sufficient to satisfy its initial burden of establishing the amount due, and thus the motion was properly denied regardless of the sufficiency of defendant’s opposing papers (see, Agway, Inc. v North Clymer Farm Serv., 291 AD2d…