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AMERICAN REALTY CORP. OF NY v. SUKHU

2010-09062

90 A.D.3d 792 (2011)

934 N.Y.S.2d 504

2011 NY Slip Op 9251

AMERICAN REALTY CORP. OF NY et al., Appellants, v. RAGOBAR D. SUKHU, Respondent.

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

Decided December 20, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

"To establish prima facie entitlement to judgment as a matter of law with respect to a promissory note, a plaintiff must show the existence of a promissory note, executed by the defendant, containing an unequivocal and unconditional obligation to repay, and the failure by the defendant to pay in accordance with the note's terms" (Lugli v Johnston...

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