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SIMON v. INDUSTRY CITY DISTILLERY, INC.

5991 655678/17.

159 A.D.3d 505 (2018)

72 N.Y.S.3d 76

2018 NY Slip Op 01643

DOUGLAS SIMON, Appellant, v. INDUSTRY CITY DISTILLERY, INC., Respondent.

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

Decided March 15, 2018.

Plaintiff's affidavit, to which was attached the fully executed note with a maturity date of August 31, 2017, his demand letter, and defendant's response, established prima facie his entitlement to summary judgment in lieu of complaint (see Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136 [1st Dept 1968], affd 29 N.Y.2d 617 [1971]). In opposition, defendant failed to submit evidentiary...

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