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Wachtel v. Rich

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 257 (N.Y. App. Div. 2005)

Opinion

6332.

June 23, 2005.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered October 20, 2004, insofar as it granted plaintiff's motion for partial summary judgment as against defendants James and Stephanie George and the Devonian Trust, and denied the cross motion of those defendants for partial summary judgment, unanimously affirmed, without costs.

Robert S. Meloni, New York, for appellants.

George Wachtel, New York, respondent pro se.

Before: Buckley, P.J., Mazzarelli, Friedman, Marlow and Ellerin, JJ.


The documentary evidence established that defendants received $75,000 pursuant to a 1997 agreement that failed to confer the bargained-for benefit upon plaintiff's decedent. Defendants reaffirmed their responsibility to repay the $75,000 in a 1998 agreement, but never did so. Accordingly, plaintiff made a prima facie showing of entitlement to judgment as a matter of law, and defendants failed to produce sufficient evidence of the existence of a material issue of fact requiring a trial of the action ( see Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 NY2d 255; Preferred Capital v. PBK, Inc., 309 AD2d 1168).

We have considered defendants-appellants' remaining contentions and find them unavailing.


Summaries of

Wachtel v. Rich

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2005
19 A.D.3d 257 (N.Y. App. Div. 2005)
Case details for

Wachtel v. Rich

Case Details

Full title:GEORGE WACHTEL, as Executor of RUTH E. WOLFERT, Deceased, Respondent, v…

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

Date published: Jun 23, 2005

Citations

19 A.D.3d 257 (N.Y. App. Div. 2005)
797 N.Y.S.2d 75