1091 RIVER AVENUE LLC v. PLATINUM CAPITAL PARTNERS, INC.

4378, 601228/09.

82 A.D.3d 404 (2011)

917 N.Y.S.2d 854

1091 RIVER AVENUE LLC et al., Appellants, v. PLATINUM CAPITAL PARTNERS, INC., Respondent.

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

Decided March 1, 2011.


In this CPLR article 4 special proceeding, petitioners failed to present evidence in the petition and supporting affidavits sufficient to raise an issue of fact whether the judgments were improperly entered or whether the underlying loan agreements were illegally procured or whether they were otherwise defective. The court therefore was required to make a summary determination (CPLR 409 [b]; Karr v Black, 55 A.D.3d 82, 86 [2008...

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