From Casetext: Smarter Legal Research

Singotiko v. Kenealy

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2011
89 A.D.3d 917 (N.Y. App. Div. 2011)

Opinion

2011-11-15

Jacqueline SINGOTIKO, respondent,v.J. Bradford KENEALY, appellant.


Scott J. Gilmore, Massapequa Park, N.Y., for appellant.

In an action to recover on two promissory notes, brought by a motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered January 25, 2010, which granted the motion and directed the entry of a judgment in favor of the plaintiff and against him in the principal sum of $247,733.34.

ORDERED that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted the plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213 based on two promissory notes. The plaintiff met her burden of establishing that the defendant executed the two notes and defaulted in making payments according to their terms ( see Larry Lawrence IRA v. Exeter Holding Ltd., 84 A.D.3d 1175, 1176, 924 N.Y.S.2d 799; Jin Sheng He v. Sing Huei Chang, 83 A.D.3d 788, 789, 921 N.Y.S.2d 128; Cutter Bayview Cleaners, Inc. v. Spotless Shirts, Inc., 57 A.D.3d 708, 709, 870 N.Y.S.2d 395). In opposition, the defendant failed to raise a triable issue of fact ( see Levien v. Allen, 52 A.D.3d 578, 860 N.Y.S.2d 174; Lorenz Diversified Corp. v. Falk, 44 A.D.3d 910, 844 N.Y.S.2d 370; Anand v. Wilson, 32 A.D.3d 808, 810, 821 N.Y.S.2d 130). Moreover, while the defendant alleged the existence of several counterclaims, he failed to

show that the counterclaims were related to, much less intertwined with, the subject promissory notes ( see Lorber v. Morovati, 83 A.D.3d 799, 800, 922 N.Y.S.2d 109; Neuhaus v. McGovern, 293 A.D.2d 727, 728, 741 N.Y.S.2d 436; Harris v. Miller, 136 A.D.2d 603, 523 N.Y.S.2d 586).

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.


Summaries of

Singotiko v. Kenealy

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2011
89 A.D.3d 917 (N.Y. App. Div. 2011)
Case details for

Singotiko v. Kenealy

Case Details

Full title:Jacqueline SINGOTIKO, respondent,v.J. Bradford KENEALY, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Nov 15, 2011

Citations

89 A.D.3d 917 (N.Y. App. Div. 2011)
932 N.Y.S.2d 713
2011 N.Y. Slip Op. 8341

Citing Cases

Valley Nat'l Bank v. 58 Vlimp, LLC

Here, the documentation emanating from the new loan application of 2011 were separate, transactional writings…

CF Notes, LLC v. Johnson

However, as these claims would be against Cantor, which is not a party to the note, Johnson "fail[s] to show…