KEHOE v. ABATE


62 A.D.3d 1178 (2009)

879 N.Y.S.2d 255

PETER R. KEHOE, Appellant, v. ELDA ABATE et al., Respondents.

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

Decided May 21, 2009.


STEIN, J.

Plaintiff commenced this action pursuant to CPLR 3213 to recover moneys allegedly due pursuant to a note executed by defendants, Elda Abate and Mario Abate, in connection with the sale of real property in the City of Troy, Rensselaer County from plaintiff to defendant Elda Abate. Plaintiff alleged that defendants made a number of payments on the note but eventually defaulted, prompting him to commence this action.

In opposition to plaintiff's summary...

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