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KENNEY v. JACOBS

153623/20. Appeal No. 14722. Case No. 2021-01896.

200 A.D.3d 419 (2021)

154 N.Y.S.3d 772

2021 NY Slip Op 06763

Carol Kenney, as Executor of the Estate of Jerome Kenney, Deceased, Respondent, v. Eli S. Jacobs, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Law Offices of Cynthia A. Augello, P.C., Garden City ( Cynthia A. Augello of counsel), for appellant.

Carter Ledyard & Milburn LLP, New York ( Stephen M. Plotnick of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

Defendant failed to raise an issue of fact in opposition to plaintiff's prima facie showing that her decedent's estate is entitled to recover on a promissory note executed by the decedent and defendant (see Zyskind v FaceCake Mktg. Tech., Inc., 101 A.D.3d 550 [1st Dept 2012]). Defendant's sole defense is his affidavit that there was an oral modification of the promissory note pursuant to which the decedent agreed to forgo repayment...

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