WOSYLUK v. L.T.L. DEVELOPERS, INC.


147 A.D.2d 475 (1989)

Peter Wosyluk, Doing Business as P & W Excavating, Appellant, v. L.T.L. Developers, Inc., et al., Respondents

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

February 6, 1989


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's papers submitted with his notice of motion consisted solely of his attorney's affirmation, the verified pleadings, and a copy of the promissory note in question. Contrary to the plaintiff's contention, the verified answer set forth sufficient facts in support of the defendants' claim of lack of consideration to withstand the request for summary judgment which was, in effect, based...

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