The documentary evidence established that defendants received $75,000 pursuant to a 1997 agreement that failed to confer the bargained-for benefit upon plaintiff's decedent. Defendants reaffirmed their responsibility to repay the $75,000 in a 1998 agreement, but never did so. Accordingly, plaintiff made a prima facie showing of entitlement to judgment as a matter of law, and defendants failed to produce sufficient evidence of the existence of a material issue of fact requiring...
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