VERNON v. WINIKOFF


182 A.D.2d 753 (1992)

Janice Vernon, Respondent, v. Jerome Winikoff, Appellant

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

April 20, 1992


Ordered that the judgment is affirmed, with costs.

By motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff commenced this action to recover upon a promissory note for the payment of money only. The defendant does not deny the making of the note or that no payments were made thereunder. However, in opposing the plaintiff's motion for summary judgment, the defendant alleged that, despite the note's recitation that it was given "for value...

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