BEER SHEVA REALTY CORP. v. PONJNITAYAPANU


214 A.D.2d 352 (1995)

625 N.Y.S.2d 161

Beer Sheva Realty Corporation, Respondent, v. Vachira Ponjnitayapanu, Also Known as Jimmy Lo, Appellant

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

April 11, 1995


Plaintiff established a prima facie case by proof of defendant's execution of the two promissory notes sued upon, and defendant's failure to make the payments called for by their terms. Thus, it was incumbent upon defendant to set forth his version of the facts in evidentiary form, raising real defenses that could be proved at trial. Defendant's conclusory assertions of fraud, in particular his utter failure to set forth with particularity any definite details of the transaction...

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