LaBOEUF v. SAIDE

651878/13, 16410, 16409.

134 A.D.3d 515 (2015)

20 N.Y.S.3d 533

2015 NY Slip Op 09215

SHIA SAIDE LABOEUF et al., Respondents, v. BARRY SAIDE, Appellant.

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

Decided December 15, 2015.


Plaintiffs loaned defendant $800,000 in August 2009, and the loan was memorialized by a promissory note. It is undisputed that defendant never paid on the note, and so, as permitted under CPLR 3213, plaintiffs commenced this action with a summons and notice of motion for summary judgment in lieu of complaint. Supreme Court properly granted the motion, as there is no basis to conclude that the promissory note was anything other than an instrument for the payment of money only...

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