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MOUNTAINVIEW REALTY ASSOCS. v. STARK

190 A.D.2d 602 (1993)

Mountainview Realty Associates et al., Respondents-Appellants, v. Norman Stark et al., Appellants-Respondents, et al., Defendants. Harold Herman, Respondent, v. Norman Stark et al., Appellants, et al., Defendants

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

February 18, 1993

We agree that defendants failed to offer evidentiary proof sufficient to establish that the purchase money notes were not instruments for the payment of money only under CPLR 3213. Plaintiffs established the existence of the notes and a failure by defendants to make payments expressly called for by their terms (see, Manufacturers Hanover Trust Co. v Hixon, 124 A.D.2d 488). Moreover...

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