Appellate Division of the Supreme Court of New York, 1997

Colonial Commercial Corp. v. Breskel Associates

Appellate Division of the Supreme Court of New York · Decided April 28, 1997

238 A.D.2d 539; 657 N.Y.S.2d 940; 1997 N.Y. App. Div. LEXIS 4421

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

Rachmany v. Regev (Appellate Division of the Supreme Court of New York 2014)
Rachmany v. Regev (Appellate Division of the Supreme Court of New York 2014)
AXA Investment Managers UK Ltd. v. Endeavor Capital Management LLC (District Court, S.D. New York 2012)
Nunez v. Channel Grocery & Deli Corp. (Appellate Division of the Supreme Court of New York 2015)
Nissan Motor Acceptance Corp. v. Scialpi (Appellate Division of the Supreme Court of New York 2011)
Webster v. Murray (Appellate Division of the Supreme Court of New York 2010)
Gullery v. Imburgio (Appellate Division of the Supreme Court of New York 2010)
Raico v. Concorde Funding Group (Appellate Division of the Supreme Court of New York 2009)
Cutter Bayview Cleaners, Inc. v. Spotless Shirts, Inc. (Appellate Division of the Supreme Court of New York 2008)
Niagara Venture v. Niagara Falls Urban Renewal Agency (Appellate Division of the Supreme Court of New York 2008)
Fox v. Fox (Appellate Division of the Supreme Court of New York 2007)
Famolaro v. Crest Offset, Inc. (Appellate Division of the Supreme Court of New York 2005)
Brennan v. Shapiro (Appellate Division of the Supreme Court of New York 2004)
Two Lincoln Advisory Services, Inc. v. Shields (Appellate Division of the Supreme Court of New York 2002)
Lahage v. Batrouni (Appellate Division of the Supreme Court of New York 2001)
Gillespie v. Perrone (Appellate Division of the Supreme Court of New York 2000)
E.D.S. Security Systems, Inc. v. Allyn (Appellate Division of the Supreme Court of New York 1999)
Zupan v. Hart (Appellate Division of the Supreme Court of New York 1999)
Gangi v. Solgar Co. (Appellate Division of the Supreme Court of New York 1999)
Moezinia v. Baroukhian (Appellate Division of the Supreme Court of New York 1998)
Kowalski Enterprises, Inc. v. Sem International L. L. C. (Appellate Division of the Supreme Court of New York 1998)
George L. Penny, Inc. v. Zaweski (Appellate Division of the Supreme Court of New York 1998)
Golden National Mortgage Banking Corp. v. Gabbaizadeh (Appellate Division of the Supreme Court of New York 1997)
A. Bella Food Corp. v. Luigi's Italian Deli, Inc. (Appellate Division of the Supreme Court of New York 1997)
Polanco v. City of New York (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), entered June 28, 1996, which denied his motion for summary judgment, and granted the defendants’ cross motion to consolidate this action with an action entitled Breskel Assocs. v Korn pending in the Supreme Court, Nassau County.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the cross motion is denied.

In this action to recover on a promissory note, the plaintiff established a prima facie case by submitting proof of the note and the defendants’ default (see, Bank of N. Y. v Sterlington Common Assocs., 235 AD2d 448; Falco v Thorne, 225 AD2d 582; Silber v Muschel, 190 AD2d 727; Mlcoch v Smith, 173 AD2d 443). It was then incumbent on the defendants to come forward with proof of evidentiary facts showing the existence of a triable issue with respect to a bona fide defense (see, Gateway State Bank v Shangri-La Private Club for Women, 113 AD2d 791, affd 67 NY2d 627; Silber v Muschel, supra). Here, the defendants’ allegations of fraud consisted of conclusory allegations which were insufficient to defeat the plaintiff’s showing (see, TPZ Corp. v Rigakos, 226 AD2d 445; Parisi Enters. Inc. Profit Sharing Trust v Settimo, 198 AD2d 272; Bank Leumi Trust Co. v Rattet & Liebman, 182 AD2d 541). Accordingly, the plaintiffs motion for summary judgment should have been granted.

In light of our determination, the appeal by the defendants *540from the denial of their cross motion to consolidate the instant action with a prior action commenced by the defendants against the plaintiff is academic.

The remaining contentions lack merit. Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.