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INTERNATIONAL FIN. GROUP, INC. v. HAMBRECHT

Index No. 656465/20. Appeal No. 15592-15592A. Case Nos. 2021-02387, 2021-03436.

203 A.D.3d 606 (2022)

162 N.Y.S.3d 725

2022 NY Slip Op 02066

International Financial Group, Inc., Respondent, v. William Hambrecht, Appellant.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Baritz & Colman LLP, New York ( David S. Richan of counsel), for appellant.

Venable LLP, New York ( Matthew T. McLaughlin of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

To establish prima facie entitlement to summary judgment in lieu of complaint under CPLR 3213, a plaintiff must show the existence of a "promissory note executed by the defendant containing an unequivocal and unconditional obligation to repay and the failure of the defendant to pay in accordance with the note's terms" (Zyskind v FaceCake Mktg. Tech., Inc., 101 A.D.3d 550, 551 [1st Dept 2012]). As the promissory note provides that...

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