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BLUMENSTEIN v. WASPIT GROUP, INC.

1581, 651168/14.

140 A.D.3d 620 (2016)

35 N.Y.S.3d 30

2016 NY Slip Op 05075

DAVID BLUMENSTEIN, Appellant, v. WASPIT GROUP, INC., et al., Respondents.

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

Decided June 28, 2016.

Plaintiff established his entitlement to summary judgment in lieu of complaint by submitting a promissory note executed by defendants and proof of defendants' failure to make payments according to its terms (see Zyskind v FaceCake Mktg. Tech., Inc., 101 A.D.3d 550, 551 [1st Dept 2012]).

In opposition, defendants failed to raise an issue of fact as to a bona fide defense (see id.). Their argument that the note was usurious...

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