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AMEV CAPITAL CORP. v. KIRK

169 A.D.2d 802 (1991)

AMEV Capital Corporation, Respondent, v. Richard Kirk, Appellant, et al., Defendant

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

January 28, 1991

Ordered that the judgment is affirmed, with costs.

In order to establish its causes of action to recover on the promissory note as a matter of law, the respondent was required to present proof of the existence of the note in question and nonpayment according to its terms (see, Fidelity N. Y. v Hanover Cos., 148 A.D.2d 577). The record reveals that the respondent presented undisputed evidence that the appellant was...

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