Monday, March 17, 2014

Denial of summary judgment on a promissory note.

Practice point:  Here, the plaintiff established its prima facie entitlement to judgment as a matter of law by submitting the note signed by the defendant, along with an affidavit from its account officer, annexed to which was a copy of a business record reflecting the principal amount due, the calculation of interest, and late fees. The account officer stated that the defendant defaulted on the note by failing to pay the principal and interest due as it accrued.

However, in its opposition, the defendant raised a triable issue of fact as to whether the purported signature on the endorsement to the plaintiff was a forgery.

Student note:  Cadlerock Joint Venture, L.P. v Evans-Tracey, NY Slip Op 01568 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue: The denial of a request for a Frye hearing.