Edward Polidi v John Paul Mouner

Polidi v Mouner 2004 NY Slip Op 01758 [5 AD3d 578] March 15, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

Edward Polidi, Appellant,
v
John P. Mouner, Respondent.

—In an action to recover on a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated July 10, 2003, which denied the motion.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Richmond County, for entry of an appropriate judgment.

The plaintiff made a prima facie showing that he was entitled to summary judgment pursuant to CPLR 3213. In opposition, the defendant failed to raise a triable issue of fact. Ritter, J.P., Goldstein, Crane and Rivera, JJ., concur.