WAEHNER v. NORTHWEST BAY PARTNERS, LTD.


30 A.D.3d 799 (2006)

817 N.Y.S.2d 429

GLENN C. WAEHNER, Respondent, v. NORTHWEST BAY PARTNERS, LTD., Appellant.

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

June 15, 2006.


Mercure, J.P.

Plaintiff commenced this action by summons and motion for summary judgment in lieu of complaint (see CPLR 3213), accompanied by the promissory note upon which he sought to recover. The note, payable to plaintiff in the amount of $95,000, was signed by defendant's principal and sole shareholder, Michael J. O'Brien, Jr. Defendant opposed the motion, challenging the terms of the note and the involvement of plaintiff's attorney due to his prior representation...

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