NORDEA BANK FINLAND PLC v. HOLTEN

5093, 601763/09, 5093A.

84 A.D.3d 589 (2011)

923 N.Y.S.2d 464

NORDEA BANK FINLAND PLC, Respondent, v. JOHN V. HOLTEN, Appellant.

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

Decided May 17, 2011.


Plaintiff demonstrated its entitlement to summary judgment pursuant to CPLR 3213 by establishing the existence of a put agreement that was expressly an independent, absolute and unconditional obligation to pay money only, and by submitting an affidavit of nonpayment (see Bank of Am., N.A. v Solow, 59 A.D.3d 304, 304-305 [2009], lv dismissed 12 N.Y.3d 877 [2009]; see also International...

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