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NESS v. FELLUS

6848, 110804/10.

92 A.D.3d 551 (2012)

939 N.Y.S.2d 25

2012 NY Slip Op 1332

ARIEL NESS, Respondent, v. JAMES B. FELLUS, Appellant.

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

Decided February 21, 2012.

Plaintiff established his entitlement to summary judgment by producing the loan note for $500,000 executed by defendant on May 28, 2008 (note one) and demonstrating that defendant failed to pay in accordance with the note's terms (see CPLR 3213; Wachovia Bank, N.A. v Silverman, 84 A.D.3d 611 [2011]). In opposition, defendant failed to present evidence to support his contention that...

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