Practice point: In an action involving a promissory note, a plaintiff moving for summary judgment in lieu of a complaint, pursuant to CPLR 3213, establishes prima facie entitlement to judgment as a matter of law by submitting proof that defendant executed the note and defaulted in making the required payments.
Practitioners should note that the right of a direct appeal from an intermediate order terminates with the entry of a judgment in the action.
Case: Cutter Bayview Cleaners, Inc. v. Spotless Shirts, Inc., NY Slip Op 09943 (2d Dept. 2008)
The opinion is here.
Monday’s issue: Contracts.
