MDJR ENTERPRISES, INC. v. LaTORRE, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Newman Cahn, LLP, Carle Place, N.Y. (Neil R. Cahn of counsel), for appellants. Mitchell N. Kay, Garden City, N.Y. (Eric S. Goldstein of counsel), for defendants third-party plaintiffs-respondents. Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N Y (Mark K. Anesh and Scott Schechter of counsel), for third-party defendant-respondent.

Judges

Robert J. Miller

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MDJR ENTERPRISES, INC., et al., appellants, v. FRANK LaTORRE, et al., defendants, SANDRA MARCHESIELLO, et al., defendants third-party plaintiffs-respondents; KENNETH J. MOLLOY, third-party defendant-respondent.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is granted.

The plaintiffs made a prima facie showing of entitlement to judgment as a matter of law by demonstrating the existence of a promissory note executed by the defendants Sandra Marchesiello and Joseph P. Marchesiello, the unconditional terms of repayment, and the default by the Marchesiellos (see, Haselnuss v. Delta Testing Labs., 249 A.D.2d 509 ; Capital Circulation Corp. v. Gallop Leasing Corp., 248 A.D.2d 578 ). The assertions by the Marchesiellos, including a claimed lack of consideration and fraud, were merely unsupported conclusory allegations which were insufficient to defeat the cross motion (see, Capital Circulation Corp. v. Gallop Leasing Corp., supra, at 578, 579).

The Marchesiellos' remaining contentions are without merit.

O'BRIEN, J.P., FRIEDMANN, FLORIO, and H. MILLER, JJ., concur.

MDJR ENTERPRISES, INC. v. LaTORRE

MDJR ENTERPRISES, INC., et al., appellants, v. FRANK LaTORRE, et al., defendants, SANDRA MARCHESIELLO, et al., defendants third-party plaintiffs-respondents; KENNETH J. MOLLOY, third-party defendant-respondent.

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