Grand Pacific Finance Corp. v. 97-111 HALE, LLC
Cases that cite this one
4 later published cases cite this decision.
- GE Oil & Gas, Inc. v. Turbine Generation Services, L.L.C. (Appellate Division of the Supreme Court of New York 2017)
- Aurora Loan Services, LLC v. Enaw (Appellate Division of the Supreme Court of New York 2015)
- H&H Custom Homes, Inc. v. Kossoff (Appellate Division of the Supreme Court of New York 2012)
- H&H Custom Homes, Inc. v. Kossoff (Appellate Division of the Supreme Court of New York 2012)
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 this action to recover the amounts due under three loans, plaintiff established its prima facie entitlement to judgment as a matter of law by providing evidence that it held the three notes and that defendants had failed to make the payments due under the notes (Superior Fid. Assur., Ltd. v Schwartz, 69 AD3d 924, 925 [2010]). In addition, defendants admitted in both their answer and amended answer that they had defaulted on the three notes.
Defendants’ opposition failed to raise a triable issue of fact
Supreme Court properly struck and refused to consider those portions of defendants’ surreply that went beyond the scope of the permitted surreply, which was to address only whether the counterclaims and cross claims should be severed (see Slade v Metropolitan Life Ins. Co., 231 AD2d 467, 469 [1996]).
The motion court properly confirmed the Referee’s report. At the hearing before the Referee, plaintiff provided detailed calculations of the interest and other sums due and defendants failed to rebut any of that evidence. Defendants were not entitled to discovery before the hearing; any documentation of payment on the loans would have been within their possession or could have been obtained from their financial institutions. The Referee properly accepted copies of the various loan documents since a “reproduction, which accurately reproduces . . . the original ... is as admissible in evidence as the original” (CPLR 4539 [a]; see also Banco Nacional de Mexico v Ecoban Fin., 276 AD2d 284 [2000]).
We have considered defendants’ remaining claims and find them unavailing. Concur — Gonzalez, EJ., Mazzarelli, Andrias, Sweeny and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.