Appellate Division of the Supreme Court of New York, 1997

Walsh v. Intelcom Data Systems, Inc.

Walsh v. Intelcom Data Systems, Inc.
Appellate Division of the Supreme Court of New York · Decided March 25, 1997
237 A.D.2d 201; 655 N.Y.S.2d 934; 1997 N.Y. App. Div. LEXIS 2777
Walsh v. Intelcom Data Systems, Inc.

Opinion of the Court

Order, Supreme Court, New York County (Norman Ryp, J.), entered October 1, 1996, which *202denied plaintiff’s motion and defendant’s cross motion for summary judgment in an action to enforce a promissory note, unanimously affirmed, without costs.

There are material issues of fact here, including whether plaintiff’s son was authorized to demand payment on the note in full, if so, whether and when he actually made such a demand, as well as ambiguities in the description of the obligation. Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.

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