DUKE AND COMPANY v. LESCZCAK


260 A.D.2d 344 (1999)

686 N.Y.S.2d 308

DUKE AND COMPANY, Respondent, v. CRAIG LESCZCAK, Appellant.

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

Decided April 5, 1999.


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff's motion for summary judgment in lieu of complaint was properly granted. The plaintiff established its claim as a matter of law by proof of the promissory note and the defendant's failure to pay. The defendant did not demonstrate, by admissible evidence, the existence of a triable issue of fact (see, European Am. Bank v Strab Constr. Corp., 196 A.D.2d 479

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