Money Store of New York, Inc. v. Kuprianchik
Cases that cite this one
5 later published cases cite this decision.
- RMM Records & Video Corp. v. Universal Music & Video Distribution Co. (In re RMM Records & Video Corp.) (United States Bankruptcy Court, S.D. New York 2007)
- Suffolk County National Bank v. Columbia Telecommunications Group, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Wolf v. Citibank, N.A. (Appellate Division of the Supreme Court of New York 2006)
- Three Feathers, Inc. v. Roemer (Appellate Division of the Supreme Court of New York 2000)
- Layden v. Boccio (Appellate Division of the Supreme Court of New York 1998)
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, brought by motion pursuant to CPLR 3213 for summary judgment in lieu of a complaint, the defendant appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated February 29, 1996, which, inter alia, granted the plaintiff’s motion.
Ordered that the order is affirmed, with costs.
The plaintiff established a prima facie case that it was entitled to summary judgment by proving the existence of the note, the defendant’s guaranty of the note, and the defendant’s default in payment of the note after due demand (see, Naugatuck Sav. Bank v Gross, 214 AD2d 549; Samsung Am. v Noah, 209 AD2d 367; North Fork Bank & Trust Co. v Jay-Ann Assocs., 192 AD2d 590). The defendant’s conclusory and speculative assertions that the underlying loan was discharged or modified, thereby negating his guarantee, were insufficient to raise a triable issue of fact and defeat the plaintiff’s motion (see, Bennell Hanover Assocs. v Neilson, 215 AD2d 710, 711; Naugatuck Sav. Bank v Gross, supra; Mountainview Realty Assocs. v Stark, 190 AD2d 602, 603). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.