Russo v. O'Meara
Cases that cite this one
3 later published cases cite this decision.
- Stallone v. Rostek (Appellate Division of the Supreme Court of New York 2006)
- Ring v. Jones (Appellate Division of the Supreme Court of New York 2004)
- Kritz v. O'Meara (Appellate Division of the Supreme Court of New York 2002)
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 for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from a judgment of the Supreme Court, Nassau County (Austin, J.), entered June 27, 2001, which, upon an order of the same court, dated June 18, 2001, granting the motion, is in favor of the plaintiff and against her in the principal sum of $50,000.
Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.
“[A] document comes within CPLR 3213 ‘if a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms’ ” (Weissman v Sinorm Deli, 88 NY2d 437, 444, quoting Interman Indus. Prods. v R.S.M. Electron Power, 37 NY2d 151, 155). “The instrument does not qualify if outside proof is needed, other than simple proof of nonpayment or a similar de minimis deviation from the face of the document” (Weissman v Sinorm Deli, supra at
Case-law data current through December 31, 2025. Source: CourtListener bulk data.