Legal Opinion
Hackensack Cars, Inc. v. Beverly
Appellate Division of the Supreme Court of the State of New York
Decided May 24, 1988PublishedCited by 6 opinions
1Opinion of the Court
The IAS court erred in finding defendant had raised a triable issue of fact regarding a defense of partial failure of consideration. "But only the existence of a bona fide issue raised by evidentiary facts and not one based on conclusory or irrelevant allegations will suffice to defeat summary judgment” (Rotuba Extruders v Ceppos, 46 NY2d 223, 231).
Plaintiff here met its burden of proving a prima facie case under CPLR 3213 by the submission of the promissory notes and defendant’s failure to make the payments called for. In opposition, defendant made various conclusory allegations without…
2Cases cited3 opinions
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
3Cited by6 opinions
- I.P.L. Corp. v. Industrial Power & Lighting Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Sindelar v. FritzschAppellate Division of the Supreme Court of the State of New York · 1990
- Ishkhanian v. GuekguezianAppellate Division of the Supreme Court of the State of New York · 1990
- Fortress Credit Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 2025
- Gelfman v. ErdheimAppellate Division of the Supreme Court of the State of New York · 1994
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