Silver v. Silver

Appellate Division of the Supreme Court of New York

Silver v. Silver

17 A.D.3d 281, 792 N.Y.S.2d 900, 2005 N.Y. App. Div. LEXIS 4465

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

DecidedApril 28, 2005

StatusPublished

Cited by2 cases

This text of 17 A.D.3d 281 (Silver v. Silver) 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

Silver v. Silver, 17 A.D.3d 281, 792 N.Y.S.2d 900, 2005 N.Y. App. Div. LEXIS 4465 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 8, 2004, which, inter alia, granted plaintiffs motion for summary judgment in lieu of a complaint, unanimously affirmed, with costs.

Plaintiff established a prima facie right to recovery by submitting proof of the promissory note sued upon and defendant’s failure to make payment according to its terms (see Alard, L.L.C. v Weiss, 1 AD3d 131 [2003]). Defendant failed to meet its consequent burden to come forward with admissible evidence establishing a triable issue (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Instead, he offered only conclusory denials largely, if not wholly, inconsistent with the documentary evidence (see e.g. Coutts Bank [Switzerland] Ltd. v Anatian, 261 AD2d 307 [1999], lv dismissed 94 NY2d 875 [282]*282[2000]; Joint Venture Asset Acquisition v Tufano, 203 AD2d 102 [1994]; Connecticut Natl. Bank v Hack, 186 AD2d 387 [1992]). We have reviewed defendant’s remaining contentions and find them unavailing. Concur—Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.

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Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 8, 2004, which, inter alia, granted plaintiffs motion for summary judgment in lieu of a complaint, unanimously affirmed, with costs.

Plaintiff established a prima facie right to recovery by submitting proof of the promissory note sued upon and defendant’s failure to make payment according to its terms (see Alard, L.L.C. v Weiss, 1 AD3d 131 [2003]). Defendant failed to meet its consequent burden to come forward with admissible evidence establishing a triable issue (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Instead, he offered only conclusory denials largely, if not wholly, inconsistent with the documentary evidence (see e.g. Coutts Bank [Switzerland] Ltd. v Anatian, 261 AD2d 307 [1999], lv dismissed 94 NY2d 875 [282]*282[2000]; Joint Venture Asset Acquisition v Tufano, 203 AD2d 102 [1994]; Connecticut Natl. Bank v Hack, 186 AD2d 387 [1992]). We have reviewed defendant’s remaining contentions and find them unavailing. Concur—Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.

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Bluebook (online)

17 A.D.3d 281, 792 N.Y.S.2d 900, 2005 N.Y. App. Div. LEXIS 4465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-silver-nyappdiv-2005.

Opinion

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