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KOTTLER v. SIMS

10222-114532/11, 10223.

106 A.D.3d 637 (2013)

966 N.Y.S.2d 68

2013 NY Slip Op 3789

MARK KOTTLER, Appellant-Respondent, v. STEVEN SIMS, Respondent-Appellant. MARK KOTTLER, Respondent, v. STEVEN SIMS, Appellant.

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

Decided May 28, 2013.

Plaintiff presented two promissory notes obligating defendant to pay the amounts within 10 years from the dates of the notes, May 15, 1998 and December 11, 1998, and established that defendant had not paid when this action was commenced more than 10 years later, in 2011 (see Rice v Cohen, 161 A.D.2d 530 [1st Dept 1990]). In opposition, defendant failed to raise an issue of fact. His argument that the notes contain a condition precedent...

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