Silvestri v. Iannone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action brought by motion pursu*388ant to CPLR 3213 for summary judgment in lieu of complaint to recover on a promissory note, the defendant appeals from an order of the Supreme Court, Dutchess County (Hillery, J.), dated April 27, 1998, which granted the plaintiffs motion for summary judgment.
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.
The plaintiff made a prima facie showing that he was entitled to summary judgment by submitting proof of a promissory note signed by the defendant in favor of the plaintiffs testator in the amount…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Zuilkowski v. Sentry InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
- Guzman v. Strab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- McEvoy v. GarciaAppellate Division of the Supreme Court of the State of New York · 1985
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