Jin Sheng He v. Chang
| Citation | 83 A.D.3d 788,2011 N.Y. Slip Op. 03035,921 N.Y.S.2d 128 |
| Parties | JIN SHENG HE, respondent,v.SING HUEI CHANG, also known as Daven Chang, appellant. |
| Decision Date | 12 April 2011 |
| Court | New York Supreme Court Appellate Division |
83 A.D.3d 788
921 N.Y.S.2d 128
2011 N.Y. Slip Op. 03035
JIN SHENG HE, respondent,
v.
SING HUEI CHANG, also known as Daven Chang, appellant.
Supreme Court, Appellate Division, Second Department, New York.
April 12, 2011.
[921 N.Y.S.2d 129]
Joel Spivak, Great Neck, N.Y., for appellant.Glenn Backer, New York, N.Y., for respondent.PETER B. SKELOS, J.P., RANDALL T. ENG, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.
[83 A.D.3d 788] In an action to recover on a promissory note, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Schack, J.), dated March 5, 2010, which granted the plaintiff's motion for summary judgment in lieu of complaint, denied the defendant's cross motion to dismiss the complaint pursuant to CPLR 3211(a)(4) or to consolidate this action with an action pending in the Supreme Court, Queens County, entitled Sing Huei Chang, also known as Daven Chang v. Wide, Inc., under Index No. 12793/09, and is in favor of the plaintiff and against him in the principal sum of $50,000, plus interest at the rate of 9% per annum from December 20, 2006, in the sum of $14,662.50.
ORDERED that the order and judgment is modified, on the law, by deleting the provision thereof awarding the plaintiff interest at the rate of 9% per annum from December 20, 2006, in the sum of $14,662.50, and substituting therefor a provision awarding the plaintiff interest at the rate of 9% per annum from June 10, 2009; as so modified, the order and judgment is affirmed, without costs and disbursements, and the matter is remitted to the Supreme Court, Kings County, for the entry of an amended judgment in accordance herewith.
The defendant executed a promissory note on June 21, 2008, in which he agreed
[921 N.Y.S.2d 130]
to pay the plaintiff the sum of $50,000 “for value received” in monthly installments of $8,333.33 per month commencing July 20, 2008, until the balance was fully paid. In a letter dated February 25, 2009, the plaintiff gave notice to the defendant that he had defaulted on paying the monthly installments due pursuant to the note and, thereafter, the plaintiff accelerated the payment of the note by a letter dated June 10, 2009.
[83 A.D.3d 789] The plaintiff commenced this action by moving pursuant to CPLR 3213 for summary judgment in lieu of complaint. The defendant cross-moved to dismiss the complaint pursuant to CPLR 3211(a)(4) or to consolidate this action with an action pending in the Supreme Court, Queens County, entitled Sing Huei Chang, also known as Daven Chang v. Wide, Inc., under Index No. 12793/09 (hereinafter the pending action). The Supreme Court granted...
To continue reading
Request your trial
-
Commonwealth Land Title Ins. Co. v. Prado
...with the note's terms" ( Griffon V, LLC v. 11 E. 36th, LLC, 90 A.D.3d 705, 706, 934 N.Y.S.2d 472 ; see Jin Sheng He v. Sing Huei Chang, 83 A.D.3d 788, 789, 921 N.Y.S.2d 128 ). "Once the plaintiff submits evidence establishing these two elements, the burden then shifts to the defendant to su......
-
Griffon v. 11 East 36th, LLC
...by the defendant and the failure of the defendant to pay in accordance with the note's terms ( see Jin Sheng He v. Sing Huei Chang, 83 A.D.3d 788, 789, 921 N.Y.S.2d 128). To establish prima facie entitlement to judgment as a matter of law on the issue of liability with respect to a guaranty......
-
Sun Convenient, Inc. v. Sarasamir Corp.
...840, 841, 982 N.Y.S.2d 352 ; Griffon V, LLC v. 11 E. 36th, LLC, 90 A.D.3d 705, 706, 934 N.Y.S.2d 472 ; Jin Sheng He v. Sing Huei Chang, 83 A.D.3d 788, 789, 921 N.Y.S.2d 128 ). Here, the plaintiff established its prima facie entitlement to judgment as a matter of law by showing that the defe......
-
Porat v. Rybina
...to submit evidence establishing the existence of a triable issue with respect to a bona fide defense" ( Jin Sheng He v. Sing Huei Chang, 83 A.D.3d 788, 789, 921 N.Y.S.2d 128 ). Here, the plaintiff established his prima facie entitlement to judgment as a matter of law by his submission of th......