GERMAN AMERICAN CAPITAL CORPORATION v. OXLEY DEVELOPMENT COMPANY, LLC

Nos. 8937, 651140/10.

102 A.D.3d 408 (2013)

958 N.Y.S.2d 49

2013 NY Slip Op 14

GERMAN AMERICAN CAPITAL CORPORATION, Respondent, v. OXLEY DEVELOPMENT COMPANY, LLC, et al., Appellants.

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

Decided January 3, 2013.


Plaintiff established its entitlement to judgment as a matter of law in this action to recover on a promissory note executed by borrower Oxley Development Company, Inc. (Oxley) (see CPLR 3213). Plaintiff submitted evidence, including the note, the loan agreement and guaranty, and an affidavit of plaintiff's principal who attested to Oxley's failure to make payment on the loan at its maturity date (see Boland v Indah Kiat Fin. [IV] Mauritius,

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