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MARRAZZO v. PICCOLO

163 A.D.2d 369 (1990)

Mary A. Marrazzo, Respondent, v. Virginia Piccolo, as Administratrix of The Estate of Frank L. Piccolo, Deceased, Appellant

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

July 9, 1990

Ordered that the judgment is affirmed, with costs.

The defendant's counterclaim is based upon two promissory notes in the amounts of $150,000 and $20,000, respectively. The defendant has failed to produce both original notes although the plaintiff concedes that the promissory note for $20,000 represents a valid debt (see, Marrazzo v Piccolo, 130 A.D.2d 463).

Notwithstanding her failure to produce the original...

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