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Hunter v. McDowell

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 460 (N.Y. App. Div. 1998)

Opinion

October 26, 1998

Appeal from the Supreme Court, Suffolk County (Kitson, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contentions, the plaintiff was entitled to summary judgment to recover on the promissory note. The plaintiff made a prima facie showing by proving the existence of the note, the unconditional terms of repayment, and the defendant's default. In opposition, the defendant failed to establish by admissible evidence the existence of a triable issue of fact or a meritorious defense. Thus, summary judgment in lieu of complaint was properly granted ( see, Interman Indus. Prods. v. R.S.M. Electron Power, 37 N.Y.2d 151; Grammas Assocs., Architectural Eng'g Servs. v. Ehrlich, 229 A.D.2d 517; Key Bank v. Lisi, 225 A.D.2d 669; East N. Y Sav. Bank v. Baccaray, 214 A.D.2d 601).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

Hunter v. McDowell

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1998
254 A.D.2d 460 (N.Y. App. Div. 1998)
Case details for

Hunter v. McDowell

Case Details

Full title:JEFFREY HUNTER, Respondent, v. BARBARA McDOWELL, Also Known as BARBARA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1998

Citations

254 A.D.2d 460 (N.Y. App. Div. 1998)
679 N.Y.S.2d 314

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