QUEST COMMERCIAL, LLC v. ROVNER


35 A.D.3d 576 (2006)

825 N.Y.S.2d 766

QUEST COMMERCIAL, LLC, Appellant, v. BRETT ROVNER, Respondent.

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

Decided December 12, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of an appropriate judgment.

The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by proving the existence of the subject note and nonpayment according to its terms (see Neuhaus v McGovern, 293 A.D.2d 727, 728 [2002]; Hestnar v...

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