URBANAMERICA, L.P. II v. THE CARL WILLIAMS GROUP, L.L.C.

Nos. 7683, 600395/08, 7684.

95 A.D.3d 642 (2012)

945 N.Y.S.2d 233

2012 NY Slip Op 3878

URBANAMERICA, L.P. II, Respondent-Appellant/ Counterclaim Defendant, v. THE CARL WILLIAMS GROUP, L.L.C., et al., Defendants/Counterclaim Plaintiffs-Appellants-Respondents.

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

Decided May 17, 2012.


Plaintiff made a prima facie case against CWG on the amended and restated note "by proof of the note and the debtor's failure to make the payments called for therein" (Cicconi v McGinn, Smith & Co., Inc., 35 A.D.3d 292, 292 [2006]). Plaintiff did not have to prove that the funds that it lent CWG under the original note were actually disbursed to CWG; plaintiff was suing on the amended and restated note, not the original note...

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