NZM RETIREMENT PLAN v. ADONI

6882, 157013/15.

162 A.D.3d 506 (2018)

75 N.Y.S.3d 181

2018 NY Slip Op 04435

NZM Retirement Plan, Appellant, v. Jacob Adoni, Respondent.

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

Decided June 14, 2018.


This action seeks to enforce a $300,000 promissory note entered into between family members. In June 2004, defendant asked his uncle Moshe Mousserie for a loan. Mousserie asked his two other nephews, Zvi Mosery and Nathaniel Mosery, the owners of plaintiff NZM Retirement Plan, to extend defendant the loan.

It is undisputed that defendant received a check for $270,000, and that he paid one year of interest ($30,000) in advance...

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