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DOMANSKY v. BERKOVITCH

259 A.D.2d 331 (1999)

687 N.Y.S.2d 21

MARTIN DOMANSKY, Respondent, v. ALEXANDER BERKOVITCH, Appellant.

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

Decided March 16, 1999.

In view of plaintiff's prima facie showing that he was entitled to recover upon the promissory note executed by defendant and defendant's failure to controvert that showing by demonstrating the existence of triable issues of fact, the motion court's grant of plaintiff's motion for summary judgment in lieu of complaint was proper (see, Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137, affd 29 N...

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