GULLERY v. IMBURGIO

2009-09756.

74 A.D.3d 1022 (2010)

905 N.Y.S.2d 221

ROBERT GULLERY, Respondent, v. STEVEN J. IMBURGIO, Appellant.

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

Decided June 15, 2010.


Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the plaintiff made a prima facie showing of entitlement to judgment as a matter of law by establishing the existence of a promissory note executed by the defendant, that the defendant was individually liable on the note, and that the defendant defaulted in making payments pursuant to the note (see Pennsylvania Higher Educ. Assistance Agency v Musheyev, 

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