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LEISER v. SYSTEM D REST. HOLDINGS, INC.

102205/2010.

32 Misc.3d 374 (2010)

926 N.Y.S.2d 803

2010 NY Slip Op 20553

HEIDI RUTH LEISER, Plaintiff, v. SYSTEM D RESTAURANT HOLDINGS, INC., Defendant.

Supreme Court, New York County.

Decided September 27, 2010.

Attorney(s) appearing for the Case

Donna G. Recant , New York City, for plaintiff.

Seyfarth Shaw LLP, New York City ( John Napoli of counsel), for defendant.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Introduction

Plaintiff moves for summary judgment in lieu of a complaint against defendant for the unpaid balance of a promissory note. (CPLR 3213.) Defendant opposes plaintiff's motion on the ground that the promissory note was an investment in a restaurant venture, instead of a loan. For the reasons explained below, the court grants plaintiff's motion.

To be entitled to summary judgment...

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