SPODEK v. PARK PROPERTY DEVELOPMENT ASSOCIATES


263 A.D.2d 478 (1999)

693 N.Y.S.2d 199

ROSALIND T. SPODEK, Appellant, v. PARK PROPERTY DEVELOPMENT ASSOCIATES, Respondent.

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

Decided July 12, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs and the motion is granted.

The plaintiff made out a prima facie case of entitlement to summary judgment by proof of the bond and the admitted failure of the defendant to make the interest and principal payments on the bond. It was therefore incumbent upon the defendant to come forward with proof of evidentiary facts showing the existence of a triable issue with respect to a bona fide...

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