Forstadt v Allen

[*1] Forstadt v Allen 2007 NY Slip Op 51479(U) [16 Misc 3d 132(A)] Decided on July 12, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 12, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2004-1702 N C.

Sharon Forstadt and Harry Forstadt, Respondents,

against

Daniel M. Allen, Appellant.

Appeal from a judgment of the District Court of Nassau County, Second District (Vito M. DeStefano, J.), entered July 21, 2004. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $4,200.

Judgment affirmed without costs.

In this action for money due upon a promissory note, the court below properly found that plaintiffs had proved the existence of the note and nonpayment according to its terms, thus establishing their prima facie case (see Quest Commercial, LLC v Rovner, 35 AD3d 576 [2006]). Defendant admitted signing the note on the advice of counsel, did not seek to repudiate it at any time prior to the trial of the present matter,
two and a half years after he signed the note, and did not establish that he entered into the note under duress as he claimed (see Wujin Nanxiashu Secant Factory v Ti-Well Intl. Corp., 14 AD3d 352 [2005]; Soliman v Folorunso, 6 Misc 3d 126[A], 2004 NY Slip Op 51681[U] [App Term, 2d & 11th Jud Dists]).

The remainder of defendant's contentions are without merit.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: July 12, 2007