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Cicconi v. McGinn, Smith & Co.
35 A.D.3d 292
| N.Y. App. Div. | 2006
|
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Order, Supreme Court, New York County (Karla Moskowitz, J.), entered February 1, 2005, which granted plaintiffs motion for partial summary judgment on his second cause of action to enforce a promissory note, unanimously affirmed, with costs.

Plaintiff made a prima facie case for a right to payment by proof of the note and the debtor’s failure to make the payments called for therein (Boland v Indah Kiat Fin. [IV] Mauritius, 291 AD2d 342 [2002]). Defendant McGinn, Smith failed to rebut sufficiently plaintiff’s statement of material facts. McGinn, Smith’s counterclaims were not sufficiently interwoven with the note to be considered a setoff against plaintiffs claim (see Reed v Shoratlantic Dev. Co., 121 AD2d 525 [1986]).

We have considered McGinn, Smith’s remaining arguments and find them without merit. Concur—Buckley, P.J., Mazzarelli, Andrias, Sullivan and Sweeny, JJ.

Case Details

Case Name: Cicconi v. McGinn, Smith & Co.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 21, 2006
Citation: 35 A.D.3d 292
Court Abbreviation: N.Y. App. Div.
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