LOW v. FUNG CHUM


261 A.D.2d 337 (1999)

692 N.Y.S.2d 310

STEPHEN LOW, Respondent, v. NGAN FUNG CHUM et al., Defendants, and FAT WAH GEE, Appellant.

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

Decided May 27, 1999.


The motion was properly denied as appellant's proposed defenses that the subject promissory note is not supported by consideration and was induced by fraud lacked merit. Consideration was provided by plaintiff's equity interest in the restaurant he owned with appellant and the other two defendants, and appellant's unsubstantiated claim that the restaurant was insolvent is belied by the fact that defendants were still operating it two years after they gave plaintiff the note...

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