HAIMOWITZ v. POLLAK

2013-03188, Index No. 9955/12.

116 A.D.3d 1003 (2014)

983 N.Y.S.2d 890

2014 NY Slip Op 2900

BENJAMIN HAIMOWITZ, Appellant, v. MENACHEM POLLAK, Also Known as MANNY POLLAK, Respondent.

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

Decided April 30, 2014.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover on a promissory note by filing a summons with notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213. The Supreme Court properly denied the plaintiff's motion.

The plaintiff established his prima facie entitlement to judgment as a matter of law by demonstrating the existence of the promissory note executed by the defendant, the unconditional...

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