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PING JI v. MALIK

2009-04306

68 A.D.3d 835 (2009)

2009 NY Slip Op 9200

889 N.Y.S.2d 493

PING JI et al., Appellants, v. MOHAMMED MALIK, Respondent.

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

Decided December 8, 2009.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

Contrary to the defendant's contention, the plaintiffs established a prima facie case by submitting proof of the existence of a promissory note and the defendant's default thereon (see UCC 3-307 [2]; Levien v Allen, 52 A.D.3d 578 [2008]; Lorenz...

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