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STALLONE v. ROSTEK

27 A.D.3d 449 (2006)

809 N.Y.S.2d 920

RAMONA STALLONE et al., Appellants, v. ADRIANNA ROSTEK et al., Respondents.

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

March 7, 2006.

Ordered that the order is affirmed, with costs.

"[A] document comes within CPLR 3213 `if a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms' . . . The instrument does not qualify if outside proof is needed, other than simple proof of nonpayment or a similar de minimis deviation from the face of the document" (Weissman v Sinorm Deli, 88 N.Y.2d 437, 444 [1996] ...

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