HERTZ v. SCHILLER


239 A.D.2d 240 (1997)

657 N.Y.S.2d 652

Marilyn A. Hertz, Respondent, v. Lewis Schiller, Appellant

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

May 15, 1997


Defendant Schiller executed a promissory note in favor of Irving Hertz on October 1, 1987, which called for payment of $50,000 to Hertz before October 31, 1987. Defendant did not pay the note by the maturity date, and Hertz subsequently died on May 21, 1989. Plaintiff Marilyn Hertz was appointed administratrix of Irving Hertz's estate, and in June 1989 she demanded full payment of the note from defendant. When payment was not forthcoming, she caused a summons and complaint...

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