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Silver v. Silver

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 2005
17 A.D.3d 281 (N.Y. App. Div. 2005)

Opinion

5954.

April 28, 2005.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 8, 2004, which, inter alia, granted plaintiff's motion for summary judgment in lieu of a complaint, unanimously affirmed, with costs.

Shaw Binder, New York (Stuart F. Shaw of counsel), for appellant.

Snow Becker Krauss P.C., New York (Ronald S. Herzog of counsel), for respondent.

Before: Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.


Plaintiff established a prima facie right to recovery by submitting proof of the promissory note sued upon and defendant's failure to make payment according to its terms ( see Alard, L.L.C. v. Weiss, 1 AD3d 131). Defendant failed to meet its consequent burden to come forward with admissible evidence establishing a triable issue ( see generally Zuckerman v. City of New York, 49 NY2d 557, 562). Instead, he offered only conclusory denials largely, if not wholly, inconsistent with the documentary evidence ( see e.g., Coutts Bank [Switzerland] Ltd. v. Anatian, 261 AD2d 307, lv dismissed 94 NY2d 875 ; Joint Venture Asset Acquisition v. Tufano, 203 AD2d 102; Connecticut Natl. Bank v. Hack, 186 AD2d 387). We have reviewed defendant's remaining contentions and find them unavailing.


Summaries of

Silver v. Silver

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 2005
17 A.D.3d 281 (N.Y. App. Div. 2005)
Case details for

Silver v. Silver

Case Details

Full title:LENORE SILVER, Respondent, v. JOEL SILVER, Appellant

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

Date published: Apr 28, 2005

Citations

17 A.D.3d 281 (N.Y. App. Div. 2005)
792 N.Y.S.2d 900

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