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ILAN PROPS., INC. v. BENISHAI

Index Nos. 651682/14, 652113/19. Appeal No. 15960-15961. Case Nos. 2020-01856, 2020-01857.

205 A.D.3d 541 (2022)

166 N.Y.S.3d 532

2022 NY Slip Op 03320

Ilan Properties, Inc., Respondent, v. David Benishai, Appellant, et al., Defendant. David Benishai et al., Appellants, v. Curtis West 76 LLC et al., Respondents, et al., Defendant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Cohen, LaBarbera & Landrigan, LLP, Chester (Kyle A. Seiss of counsel), for appellants.

Nesenoff & Miltenberg, LLP, New York (Philip A. Byler of counsel), for Ilan Properties, Inc., Curtis West 76 LLC, Stellar Management LLC, Stellar Structured Capital LLC, and 252 Venture Loan LLC, respondents.

Ganfer Shore Leeds & Zauderer LLP, New York (Craig S. Kesch of counsel), for Argent Ventures LLC, respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

In the first action, Ilan established its prima facie entitlement to summary judgment on the promissory note by establishing that David executed a promissory note and then failed to pay in accordance with the note's terms (see Zyskind v FaceCake Mktg. Tech., Inc., 101 A.D.3d 550, 551 [1st Dept 2012]). Ilan's showing was based upon a November 2017 estoppel order, in which Supreme Court recognized David's prior representations that...

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