Legal Opinion
Warburg, Pincus Equity Partners, L.P. v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 2004PublishedCited by 9 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about July 18, 2003, which granted plaintiff s motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.
The procedure for accelerated judgment under CPLR 3213 is appropriate where plaintiff establishes a prima facie case by virtue of a note and a failure to make payments called for therein (DDS Partners v Celenza, 6 AD3d 347, 348 [2004]). The agreement upon which this motion was brought contains an unequivocal and unconditional promise by defendant to repay plaintiff the funds loaned to him.…
2Cases cited3 opinions
- DDS Partners, LLC v. CelenzaAppellate Division of the Supreme Court of the State of New York · 2004
- Solanki v. PandyaAppellate Division of the Supreme Court of the State of New York · 2000
- Valencia Sportswear, Inc. v. D.S.G. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by9 opinions
- QOS Networks Ltd. v. Warburg, Pincus & Co.Court of Appeals of Georgia · 2008
- Bronsnick v. BrismanAppellate Division of the Supreme Court of the State of New York · 2006
- Warburg, Pincus Equity Partners, L.P. v. KeaneAppellate Division of the Supreme Court of the State of New York · 2005
- Mahne v. Cell Source, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Warburg, Pincus & Co. v. QoS Network Ltd.Appellate Division of the Supreme Court of the State of New York · 2006
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