TICOR TITLE GUARANTEE COMPANY v. BAJRAKTARI


261 A.D.2d 156 (1999)

689 N.Y.S.2d 95

TICOR TITLE GUARANTEE COMPANY, Respondent, v. HARRY BAJRAKTARI, Also Known as HAJDAR BAJRAKTARI, et al., Appellants.

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

Decided May 6, 1999.


Summary judgment was properly granted. In light of the agreement entered into by the parties providing for payment of interest on unpaid sums due and defendants' admissions that payments of principal had not been paid when due and were still outstanding, plaintiff made a prima facie showing of its entitlement to judgment. The motion court's consideration of plaintiff's reply affidavit explaining the calculation of interest was...

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