FAMOLARO v. CREST OFFSET, INC.


24 A.D.3d 604 (2005)

807 N.Y.S.2d 387

JAMES FAMOLARO, Respondent, v. CREST OFFSET, INC., et al., Appellants.

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

December 19, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff sustained his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting proof of the existence of the underlying note and guaranty executed by the defendants, the unconditional terms of repayment, and the defendants' failure to make payment (see MDJR Enters. v. LaTorre, 268 A.D...

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