STACHE INVS. CORP. v. CIOLEK

264 CA 18-01062.

174 A.D.3d 1393 (2019)

106 N.Y.S.3d 458

2019 NY Slip Op 05856

Stache Investments Corporation, Respondent, v. Leonard J. Ciolek, Appellant.

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

Decided July 31, 2019.


It is hereby ordered that the judgment so appealed from is reversed on the law without costs and the motion is denied.

Memorandum: Defendant appeals from a statement for judgment awarding plaintiff damages in the amount of $524,617.31, which was the balance due on a promissory note executed by the parties. Upon our review of the judgment, we conclude that Supreme Court erred in granting plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR...

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