P. D. J. Corp. v. Bansh Properties, Inc.

• Decision Date: 18 April 1968
• Citation: P. D. J. Corp. v. Bansh Properties, Inc., 289 N.Y.S.2d 32, 29 A.D.2d 927 (N.Y. App. Div. 1968)
• Parties: P.D.J. CORPORATION, Plaintiff-Appellant, v. BANSH PROPERTIES, INC., Defendant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 32

289 N.Y.S.2d 32

29 A.D.2d 927

P.D.J. CORPORATION, Plaintiff-Appellant, v. BANSH PROPERTIES, INC., Defendant-Respondent.

Supreme Court, Appellate Division, First Department.

April 18, 1968.

G. Walpin, New York City, for plaintiff-appellant.

C. A. Schwarz, Jr., New York City, for defendant-respondent.

Before EAGER, J.P., and STEUER, TILZER, McGIVERN and McNALLY, JJ.

PER CURIAM.

Order, entered December 20, 1967, unanimously reversed, on the law, with $50 costs and disbursements to the plaintiff and plaintiff's motion for summary judgment in all respects granted, with taxable costs. The defendant's affidavit, in the main merely conclusory, fails to present facts sufficient to show any bona fide issue requiring a trial of this action brought to recover upon two promissory notes made and delivered by the defendant. Copies of the notes are attached to the plaintiff's motion papers, and the defendant does not deny that it executed and delivered the same. The conclusory statement that the one note 'was merely a sham and engineered * * * to show a receivable on the books of' the plaintiff is insufficient in view of the fact that the note recites 'value received' and in view of the evidence presented by the plaintiff as to the consideration therefor. The defendant's statement that this note 'was...