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WARBURG v. O'NEILL

11 A.D.3d 327 (2004)

783 N.Y.S.2d 354

WARBURG, PINCUS EQUITY PARTNERS, L.P., Respondent, v. LAWRENCE DANIEL O'NEILL, Appellant.

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

October 19, 2004.

The procedure for accelerated judgment under CPLR 3213 is appropriate where plaintiff establishes a prima facie case by virtue of a note and a failure to make payments called for therein (DDS Partners v Celenza, 6 A.D.3d 347, 348 [2004]). The agreement upon which this motion was brought contains an unequivocal and unconditional promise by defendant to repay plaintiff the funds loaned to him. Plaintiff's claim rests entirely on defendant...

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