BRONSON v. JACOBS

Docket No. 652897/20. Appeal No. 14115-14115A. Case No. 2020-04977. 2020-04979.

195 A.D.3d 550 (2021)

146 N.Y.S.3d 475

2021 NY Slip Op 04081

Jonathan Bronson, Respondent, v. Steven B. Jacobs, Appellant.

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

Decided June 24, 2021.


Attorney(s) appearing for the Case

Murray & Di Bella, LLP, New York ( Martin J. Murray of counsel), for appellant.

Kaufman & Kahn, LLP, New York ( Mark S. Kaufman of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, González, JJ.


In opposition to plaintiff's prima facie showing by proof of the parties' agreement and defendant's failure to make the payments called for thereunder (see SCP [Bermuda] v Bermudatel Ltd., 224 A.D.2d 214, 216 [1st Dept 1996], appeal withdrawn 90 N.Y.2d 1009 [1997]; CPLR 3213), defendant failed to raise an issue of fact as to his defense that the loan is unenforceable under General Obligations Law § 5-413 as a loan made...

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