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NORTH FORK BANK & TRUST CO. v. GUTHARTZ

201 A.D.2d 712 (1994)

608 N.Y.S.2d 313

North Fork Bank & Trust Company, Respondent, v. Alan Guthartz, Appellant

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

February 28, 1994

Ordered that the order and judgment is affirmed, with costs.

The plaintiff established a prima facie case by proof of the promissory note, as well as the defendant's failure to make the interest payments according to the terms of the note (see, European Am. Bank v Strab Constr. Corp., 196 A.D.2d 479; Silber v Muschel, 190 A.D.2d 727). Accordingly, it was incumbent upon the...

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