Duke & Co. v. Lesczcak

Appellate Division of the Supreme Court of New York

Duke & Co. v. Lesczcak

260 A.D.2d 344, 686 N.Y.S.2d 308, 1999 N.Y. App. Div. LEXIS 3571

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 5, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 344 (Duke & Co. v. Lesczcak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duke & Co. v. Lesczcak, 260 A.D.2d 344, 686 N.Y.S.2d 308, 1999 N.Y. App. Div. LEXIS 3571 (N.Y. Ct. App. 1999).

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Opinion

The plaintiff’s motion for summary judgment in lieu of complaint was properly granted. The plaintiff established its claim as a matter of law by proof of the promissory note and the defendant’s failure to pay. The defendant did not demonstrate, by admissible evidence, the existence of a triable issue of fact (see, European Am. Bank v Strab Constr. Corp., 196 AD2d 479, 480; Bosio v Selig, 165 AD2d 822). The defendant’s claim of payment, as well as his defense of duress, were unsubstantiated by admissible evidence. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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The plaintiff’s motion for summary judgment in lieu of complaint was properly granted. The plaintiff established its claim as a matter of law by proof of the promissory note and the defendant’s failure to pay. The defendant did not demonstrate, by admissible evidence, the existence of a triable issue of fact (see, European Am. Bank v Strab Constr. Corp., 196 AD2d 479, 480; Bosio v Selig, 165 AD2d 822). The defendant’s claim of payment, as well as his defense of duress, were unsubstantiated by admissible evidence. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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Bluebook (online)

260 A.D.2d 344, 686 N.Y.S.2d 308, 1999 N.Y. App. Div. LEXIS 3571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duke-co-v-lesczcak-nyappdiv-1999.

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