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HEMMINGS v. SUTTON

4181. 601507/08.

151 A.D.3d 457 (2017)

2017 NY Slip Op 04401

55 N.Y.S.3d 232

BEVERLY HEMMINGS, Appellant, v. LEATRICE SUTTON, as Administratrix of the Estate of PERCY SUTTON, Deceased, Respondent.

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

Decided June 6, 2017.

The trial court properly concluded that the note plaintiff sought to enforce was void due to a lack of consideration (see UCC 3-408; Samet v Binson, 122 A.D.3d 710, 711 [2d Dept 2014]). Plaintiff testified that the note was given in exchange for past economic, technological, and financial assistance, but failed to submit any documentary evidence of such work. The trial court found...

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