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ORR v. YUN

4814, 115741/09.

83 A.D.3d 525 (2011)

921 N.Y.S.2d 70

KENNETH ORR, Respondent, v. DANIEL YUN et al., Appellants.

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

Decided April 19, 2011.

Plaintiff established his entitlement to judgment as a matter law by producing the promissory note executed by defendants and demonstrating that they failed to pay (see Judarl v Cycletech, Inc., 246 A.D.2d 736, 737 [1998]). In opposition, defendants failed to raise a triable issue as to whether plaintiff fraudulently induced them to execute the note (see e.g. Beer Sheva Realty Corp. v Ponjnitayapanu, 214 A...

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