Legal Opinion

Ahern v. Miloslau

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

Decided May 27, 2015No. 2014-06181PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover on a promissory note, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Putnam County (Lubell, J.), dated May 16, 2014, as denied the motion.

Ordered that the order is affirmed insofar as appealed from, with costs.

“To establish prima facie entitlement to judgment as a matter of law with respect to a promissory note, a plaintiff must show the existence of a promissory note, executed by the defendant, containing an unequivocal and unconditional…

2Cases cited6 opinions

  1. Lugli v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Quest Commercial, LLC v. RovnerAppellate Division of the Supreme Court of the State of New York · 2006
  3. Gullery v. ImburgioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Verela v. Citrus Lake Development, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. O'Donovan v. GalinskiAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by6 opinions

  1. Green Tree Servicing LLC v. ChristodoulakisDistrict Court, E.D. New York · 2015
  2. Kim v. Il Yeon KwonAppellate Division of the Supreme Court of the State of New York · 2016
  3. Piccirilli v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2021
  4. Case Cash Funding, LLC v. GilbergAppellate Terms of the Supreme Court of New York · 2017
  5. Lincoln Bldg. Servs. Inc. v. Dellwood Dev., Ltd.New York Supreme Court · 2017

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