Generale Bank, N.Y. Branch v. Nagaraj

Full title: GENERALE BANK, N.Y. BRANCH, Respondent, v. CHAM NAGARAJ, Appellant

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

Date published: May 4, 1993

193 A.D.2d 376 (N.Y. App. Div. 1993)

597 N.Y.S.2d 56

Opinion

May 4, 1993

Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).

Plaintiff established a prima facie case by setting forth proof of the note and defendant's failure to make payment thereon (Gateway State Bank v Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627). Defendant's subjective belief or understanding regarding the nature of the document he signed does not provide a defense to payment (Sterling Natl. Bank Trust Co. v I.S.A. Merchandising Corp., 91 A.D.2d 571). Any defenses that defendant might otherwise have arising out of his limited partnership investment were clearly waived in the estoppel letter that he signed in conjunction with the note (see, Citibank v Plapinger, 66 N.Y.2d 90).

Concur — Milonas, J.P., Rosenberger, Wallach and Ross, JJ.