Legal Opinion

Stevens v. Phlo Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2001PublishedCited by 11 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered March 15, 2000, in favor of plaintiff and against defendant in an action on a promissory note pursuant to CPLR 3213, unanimously affirmed, with costs.

The subject instrument is not disqualified from CPLR 3213 treatment by reason of the provision that gave defendant the option of twice extending the date of payment for specified periods of time upon condition that it issue plaintiff warrants for the purchase of a specified number of its shares of stock. Such provision does not require additional performance by plaintiff as a…

2Cases cited3 opinions

  1. Afco Credit Corp. v. Boropark Twelfth Avenue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Midtown Neon Sign Corp. v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
  3. Health-Chem Corp. v. BlankAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by11 opinions

  1. Castle Restoration & Construction, Inc. v. Castle Restoration, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  2. LePatner & Associates, LLP v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2011
  3. Park Union Condominium v. 910 Union Street, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  4. Allied Irish Banks, PLC v. Young Men's Christian Ass'n of GreenwichNew York Supreme Court · 2012
  5. Equator International, Inc. v. NH Street Investors, Inc.New York Supreme Court · 2014

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