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ABACUS REAL ESTATE FIN. CO. v. P.A.R. CONSTR. & MAINT. CORP.

115 A.D.2d 576 (1985)

Abacus Real Estate Finance Co., Respondent, v. P.A.R. Construction and Maintenance Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 16, 1985

Orders affirmed, with one bill of costs.

In order to defeat plaintiff's motion for summary judgment, it was necessary that defendants show the existence of a bona fide defense by evidentiary facts in admissible form (see, Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231). Defendants' principal allegation is that all obligations pursuant to the contract at issue were conditioned upon approval by the construction lender...

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