AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, Respondent, v. ALEXANDER N. MUSHEYEV, Appellant.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiff's motion for summary judgment on the complaint. The plaintiff established its prima facie entitlement to judgment as a matter of law by submitting proof of the existence of the promissory note executed by the defendant and the defendant's default in making payments pursuant to that note ( see Verela v Citrus Lake Dev., Inc., 53 AD3d 574, 575; Levien v Allen, 52 AD3d 578; Anand v Wilson, 32 AD3d 808). In opposition, the defendant failed to raise a triable issue of fact with respect to a bona fide defense ( see Quest Commercial, LLC v Rovner, 35 AD3d 576; Famolaro v Crest Offset, Inc., 24 AD3d 604; Bank of N.Y. v Vega Tech. USA, LLC, 18 AD3d 678). Contrary to the defendant's contention, his claim that the 2005 agreement resolving then-ongoing litigation amended the terms of the promissory note is not supported by the evidence ( see Raico v Concorde Funding Group, 60 AD3d 834, 836).

The defendant's remaining contention is without merit.

Use AI to get other relevant cases.

Comments

HIGHER EDU. ASSI. AGENCY v. MUSHEYEV
(Dec 1, 2009)