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MDJR ENTERPRISES, INC. v. LATORRE

268 A.D.2d 509 (2000)

703 N.Y.S.2d 54

MDJR ENTERPRISES, INC., et al., Appellants, v. FRANK LATORRE et al., Defendants, and SANDRA MARCHESIELLO et al., Defendants and Third-Party Plaintiffs-Respondents. KENNETH J. MOLLOY, Third-Party Defendant-Respondent.

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

Decided January 24, 2000.

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

The plaintiffs made a prima facie showing of entitlement to judgment as a matter of law by demonstrating the existence of a promissory note executed by the defendants Sandra Marchesiello and Joseph P. Marchesiello, the unconditional terms of repayment, and the default by the Marchesiellos (see, Haselnuss v Delta Testing Labs.,

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