Silver v. Silver
Opinion of the Court
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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.