Legal Opinion
Preciosa USA, Inc. v. Weiss & Biheller, MDSE, Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2015No. 2014-05540PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover upon an instrument for the payment of money only, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendants appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), dated April 9, 2014, which granted the motion.
Ordered that the order is affirmed, with costs.
The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting, among other things, the subject promissory note, which contained an unequivocal and unconditional obligation to pay, and proof of the defendants’ failure to…
2Cases cited5 opinions
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- East New York Savings Bank v. BaccarayAppellate Division of the Supreme Court of the State of New York · 1995
- Lorber v. MorovatiAppellate Division of the Supreme Court of the State of New York · 2011
- New York Community Bank v. FesslerAppellate Division of the Supreme Court of the State of New York · 2011
- Nunez v. Channel Grocery & Deli Corp.Appellate Division of the Supreme Court of the State of New York · 2015
3Cited by6 opinions
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- Margarella v. UllianAppellate Division of the Supreme Court of the State of New York · 2018
- Mirham v. AwadAppellate Division of the Supreme Court of the State of New York · 2015
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