Duke and Company v. Lesczcak

Full title: DUKE AND COMPANY, Respondent, v. CRAIG LESCZCAK, Appellant

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

Date published: Apr 5, 1999

260 A.D.2d 344 (N.Y. App. Div. 1999)

686 N.Y.S.2d 308

Opinion

April 5, 1999

Appeal from the Supreme Court, Nassau County (McCaffrey, J.),

The plaintiff's motion for summary judgment in lieu of complaint was properly granted. The plaintiff established its claim as a matter of law by proof of the promissory note and the defendant's failure to pay. The defendant did not demonstrate, by admissible evidence, the existence of a triable issue of fact ( see, European Am. Bank v. Strab Constr. Corp., 196 A.D.2d 479, 480; Bosio v. Selig, 165 A.D.2d 822). The defendant's claim of payment, as well as his defense of duress, were unsubstantiated by admissible evidence.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.