At issue on this appeal is whether plaintiff, as the payee of a $5,000 promissory note payable on demand and executed by defendant, is entitled to summary judgment in lieu of complaint pursuant to CPLR 3213. By proof of the note executed by defendant and nonpayment according to its terms, plaintiff established a prima facie case, which entitled him to CPLR 3213 relief unless defendant presented evidentiary proof sufficient to raise an issue...
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