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COLEMAN v. NORTON

289 A.D.2d 130 (2001)

734 N.Y.S.2d 169

MICHAEL J. COLEMAN et al., Respondents, v. BENJAMIN R. NORTON, Also Known as B. ROY NORTON, Appellant.

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

Decided December 18, 2001.

While summary judgment upon a promissory note should be denied where there are questions of fact as to whether the note was procured by fraud (see, GTE Automatic Elec. v Martin's Inc., 127 A.D.2d 545), here, the allegations in defendant's verified pleading were conclusory and unsubstantiated, and, indeed, substantially contradicted by plaintiffs' documentary evidence, and, as such, insufficient to warrant denial of plaintiffs' summary...

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