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BANCO NACIONAL DE MEXICO, S.A. v. ECOBAN FINANCE LIMITED

276 A.D.2d 284 (2000)

713 N.Y.S.2d 869

BANCO NACIONAL DE MEXICO, S.A., Respondent, v. ECOBAN FINANCE LIMITED, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 5, 2000.

In this action against a guarantor of a Mexican promissory note, the motion court properly found that the original note did not have to be filed with the court since there was no dispute as to the note's authenticity or plaintiff's ownership thereof (cf., Ventricelli v DeGennaro, 221 A.D.2d 231, lv denied 87 N.Y.2d 808). The use of copies is permitted in appropriate circumstances (CPLR 4539), and defendant filed a copy of...

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