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LANDA v. FRIEDMAN

Index No. 657198/21 Appeal No. 1329 Case No. 2022-03965.

222 A.D.3d 590 (2023)

202 N.Y.S.3d 101

2023 NY Slip Op 06809

Mark Landa, as Trustee for the Golda Landa 2011 Irrevocable Trust, Appellant, v. Alexander Friedman, Respondent.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Hiller, P.C., New York ( Michael S. Hiller of counsel), for appellant.

Gallet Dreyer & Berkey, LLP, New York ( Kyle G. Kunst of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Friedman, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered August 8, 2022, which denied plaintiff's CPLR 3213 motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

Supreme Court correctly denied plaintiff's motion. Plaintiff made a prima facie showing by producing the promissory notes that defendant signed and demonstrating that defendant failed to pay (see e.g. Wachovia Bank,...

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