EDISON STONE v. 42ND ST. DEV.


145 A.D.2d 249 (1989)

Edison Stone Corporation, Appellant, v. 42nd Street Development Corporation, Respondent

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

February 28, 1989


Attorney(s) appearing for the Case

Steven R. Miller of counsel (David F. Segal with him on the brief; Jaffe & Segal, attorneys), for appellant.

Kevin J. Harrington of counsel (Rivkin, Radler, Dunne & Bayh, attorneys), for respondent.

KASSAL, ROSENBERGER and WALLACH, JJ., concur.


SULLIVAN, J. P.

Plaintiff Edison Stone Corporation appeals from the denial of its motion for summary judgment in lieu of complaint on a promissory note on which, after default, an $80,276.04 unpaid balance of principal is due. Since no triable issues are presented and no defense to the payment of the note exists, we reverse and grant summary judgment in the amount sought.

The facts are not in dispute...

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