Badenhop v. BADENHOP, JR.
| Decision Date | 03 April 2000 |
| Citation | 706 N.Y.S.2d 900,271 A.D.2d 386 |
| Court | New York Supreme Court — Appellate Division |
| Parties | CHRIS BADENHOP, Appellant,<BR>v.<BR>ROBERT W. BADENHOP, JR., Respondent. |
O'Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment on the complaint is granted, and the counterclaim is severed.
The plaintiff established his prima facie entitlement to judgment as a matter of law by producing the promissory note executed by the parties and demonstrating that the defendants had defaulted in payment thereon (see, J.L.B. Equities v Mind Over Money, 261 AD2d 510; RVC Assocs. v Farkas, 261 AD2d 383; O'Brien v O'Brien, 258 AD2d 446). In opposition, the defendant failed to submit proof in admissible form sufficient to raise a triable issue of fact concerning his allegations that he was fraudulently induced to execute the promissory note (see, J.L.B. Equities v Mind Over Money, supra). Accordingly, the plaintiff was entitled to summary judgment on the complaint.
To continue reading
Request your trial
-
Nissan Motor Acceptance Corp.. v. Scialpi
...N.Y.S.2d 549] Great Neck Car Care Ctr. v. Artpat Auto Repair Corp., 107 A.D.2d 658, 659, 484 N.Y.S.2d 27; see also Badenhop v. Badenhop, 271 A.D.2d 386, 387, 706 N.Y.S.2d 900; Doby's Delicatessen v. Brunkard, 202 A.D.2d 626, 627, 609 N.Y.S.2d 305), as are the allegations of coercion, duress......
- Dunlap v. Levine
-
DeLuca v. North Shore Med. Imaging
...proof of the promissory note and that the defendants had defaulted in payment thereon (see, McCann v Cronin, 276 A.D.2d 472; Badenhop v Badenhop, 271 A.D.2d 386). The burden then shifted to the defendants to establish by admissible evidence the existence of a triable issue of fact (see, McC......
- Hirschfeld v. Daily News, LP