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KATZEN v. BALAJ

2 A.D.3d 103 (2003)

769 N.Y.S.2d 13

MORTIMER J. KATZEN, Appellant, v. LINA BALAJ et al., Respondents.

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

December 2, 2003.

We grant plaintiff partial summary on the first cause of action inasmuch as the individual defendants concede their liability on the promissory note pleaded therein. At inquest, the burden will be on plaintiff to establish the amount that was due on the note's maturity date, or any extension thereof. Once that amount is ascertained, a determination can be made as to plaintiff's entitlement to any interest and attorneys' fees, based...

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