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SOLOMON v. LANGER

1176, 113701/07.

66 A.D.3d 508 (2009)

885 N.Y.S.2d 904

2009 NY Slip Op 7335

JUDITH SOLOMON, Respondent, v. ANDREW LANGER, Appellant.

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

Decided October 15, 2009.

Plaintiff established her entitlement to summary judgment in lieu of complaint on the promissory note made by defendant by establishing execution, delivery, demand and failure to pay (see Israel Discount Bank of N.Y. v 500 Fifth Ave. Assoc., 167 A.D.2d 203 [1990]). Defendant failed to substantiate, in evidentiary form, his assertion that payments to plaintiff's mother, an alleged business acquaintance since deceased, discharged the...

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