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NAVON v. ZACKSON

Index No. 151062/19. Appeal No. 13177. Case No. 2020-00983.

191 A.D.3d 578 (2021)

138 N.Y.S.3d 871

2021 NY Slip Op 01143

Eli Navon, Appellant, v. Brad Zackson, Respondent.

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

Decided February 23, 2021.

Attorney(s) appearing for the Case

Franklin R. Kaiman , Tarrytown, for appellant.

Russ & Russ, P.C., Massapequa ( Jay Edmond Russ of counsel), for respondent.

Concur— Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

Plaintiff established his entitlement to summary judgment in lieu of complaint by submitting a note executed by defendant, which contained the terms of the obligation and the value of the note (see Zyskind v FaceCake Mktg. Tech., Inc., 101 A.D.3d 550, 551 [1st Dept 2012]). Contrary to the motion court's finding, there exists only one note. Plaintiff merely annexed two copies of the second page of the note, intending to show that...

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