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ALARD v. WEISS

1 A.D.3d 131 (2003)

767 N.Y.S.2d 11

ALARD, L.L.C., Respondent, v. LINDA F. WEISS, Appellant.

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

November 6, 2003.

Plaintiff was properly granted summary judgment in lieu of complaint in this action on a promissory note. It is settled that "invocation of defenses based on facts extrinsic to an instrument for the payment of money only do not preclude CPLR 3213 consideration" (Judarl, L.L.C. v Cycletech, Inc., 246 A.D.2d 736, 737 [1998]). Having established defendant's execution of the note and default in payment, plaintiff made out a prima facie...

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