Boyd and Spero Victorious on Summary Judgment Motion Pursuant to CPLR 3213November 5, 2020 |
J’Naia L. Boyd and Matthew V. Spero successfully obtained an order granting summary judgment in lieu of complaint pursuant to CPLR 3213 for money due and owing under a guarantee of a promissory note made to our client.
In the case, a restaurant supplier had obtained a loan from our client, which was evidenced by a note. The defendant is a guarantor of the note between our client and the restaurant supplier. The restaurant supplier and the defendant subsequently defaulted under the note and guarantee. As to the guarantee executed by the defendant, our client contended that the guarantee was an instrument for the payment of money and that it remained due. The Commercial Division of the Nassau County Supreme Court found that the guarantee constituted an instrument for the payment of money for which CPLR 3213 is applicable. As a result, the Court concluded that our client established its prima facie entitlement to summary judgment and that the defendant failed to raise a material issue of fact to defeat the motion.
- J'Naia L. Boyd
- Matthew V. Spero