McMANN v. BALLANTYNE MARINE, INC.


182 A.D.2d 1131 (1992)

David J. McMann, Respondent, v. Ballantyne Marine, Inc., Appellant. (Appeal No. 1.)

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

April 24, 1992


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's motion for summary judgment and did not abuse its discretion in denying defendant's application for a stay. Plaintiff established his entitlement to summary judgment on the promissory note and defendant failed to present evidentiary proof in admissible form sufficient to raise a triable issue of fact (see, Zuckerman v City of New York, ...

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