ELMSFORD-INTERSTATE BLDG. MATERIAL CORP. v. ELM RIDGE MGMT., INC.


243 A.D.2d 675 (1997)

664 N.Y.S.2d 576

Elmsford-Interstate Building Material Corp., Appellant, v. Elm Ridge Management, Inc., Respondent

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

October 27, 1997


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for summary judgment in lieu of complaint is granted and the matter is remitted to the Supreme Court, Westchester County, for the entry of an appropriate judgment.

The plaintiff met its evidentiary burden of showing entitlement to judgment as a matter of law by proving the existence of a promissory note and the defendant's default in its payment obligations thereunder (see, ...

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