QUADRANT MANAGEMENT INC. v. HECKER

Nos. 8940, 650223/11, 8941.

102 A.D.3d 410 (2013)

957 N.Y.S.2d 697

2013 NY Slip Op 17

QUADRANT MANAGEMENT INC., Respondent, v. JOHN HECKER, Appellant, et al., Defendants.

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

Decided January 3, 2013.


Plaintiff established its prima facie case on the promissory note by submitting a copy of the executed note and an affidavit by its chief financial officer stating that defendant failed to repay the note in accordance with its terms (see Solomon v Langer, 66 A.D.3d 508 [1st Dept 2009]). In opposition, defendant failed to raise an issue of fact as to a bona fide defense. In his affidavit he asserts that the loan was an advance against...

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