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MATTER OF PECK

File No. 1617/16A. No. 1617/16B. Appeal No. 13152. Case No. 2019-04713.

191 A.D.3d 537 (2021)

138 N.Y.S.3d 346

2021 NY Slip Op 01007

In the Matter of the Estate of Norman L. Peck, Deceased. Liliane Peck, Respondent, v. Ian S. Peck et al., Appellants.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Press Koral LLP, New York ( Matthew J. Press of counsel), for appellants.

Farrell Fritz, P.C., Uniondale ( Eric W. Penzer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Kennedy, JJ.

Plaintiff failed to establish her entitlement to summary judgment in lieu of complaint (CPLR 3213; see Weissman v Sinorm Deli, 88 N.Y.2d 437, 444 [1996]). The right to payment could not be ascertained solely from the face of the debt instruments. The 2014 and 2015 Notes and Guaranty set forth more than the simple promise to repay the loans, in that they referred to other documents with regard to events of default, such as the Pledge...

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