LUISO v. POEHLSEN

2014-06446, Index No. 53109/14.

125 A.D.3d 726 (2015)

999 N.Y.S.2d 898

MICHAEL LUISO et al., Appellants, v. ROGER POEHLSEN, Respondent.

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

Decided February 11, 2015.


Ordered that the order is affirmed, with costs.

The defendant executed a promissory note on March 10, 2012, promising to repay the plaintiffs $75,000 plus interest by March 9, 2013. On March 4, 2014, the plaintiffs filed a summons and a notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213 with supporting papers. The defendant opposed the motion, arguing that his obligation under the note had been satisfied. The Supreme Court denied the...

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