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MATTER OF NATIONAL LOAN INVESTORS, LP v. FUTERSAK

294 A.D.2d 505 (2002)

742 N.Y.S.2d 846

In the Matter of NATIONAL LOAN INVESTORS, LP, Respondent, v. SAM FUTERSAK, Also Known as SAM OLSHIN, Appellant, et al., Defendant.

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

Decided May 20, 2002.

Ordered that the order is affirmed, with costs.

Since the appellant failed to raise any triable issue of fact in response to the prima facie case established by the petition, the Supreme Court properly made "a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it" (Matter of Fisch v Aiken, 252 A.D.2d 556; see CPLR 409 [b]). Thus, contrary to the appellant's contention...

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