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Kahan v. Sulaymanov

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1027 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Appeal from the Supreme Court, Kings County, Vinik, J.

Present — Green, J.P., Lawton, Wesley, Doerr and Boehm, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment against defendant Vyachslav Sulaymanov. Sulaymanov presented evidence that plaintiff took the note with actual knowledge of a defense to the note, raising a triable issue whether plaintiff is a holder in due course ( see, Fazio v. Loweth, 112 A.D.2d 135, 137; UCC 3-302 [c]). Even if plaintiff is a holder in due course, summary judgment was properly denied. Sulaymanov's allegations of fraud in the inducement and misrepresentation, defenses that may be raised against a holder in due course ( see, Pioneer Credit Corp. v. Bon Bon Cleaners Corp., 38 A.D.2d 743; UCC 3-305 [c]), raise a triable issue of fact.

The court did not abuse its discretion in denying plaintiff a default judgment against defendant Jacob Moskowitz and granting his motion to serve a late answer. Moskowitz provided a reasonable excuse for the delay and demonstrated that he has a meritorious defense ( see, CPLR 3012 [d]; cf., Genen v McElroy, 213 A.D.2d 511).


Summaries of

Kahan v. Sulaymanov

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1027 (N.Y. App. Div. 1996)
Case details for

Kahan v. Sulaymanov

Case Details

Full title:LESLIE KAHAN, Appellant, v. ILYA SULAYMANOV et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

Citations

229 A.D.2d 1027 (N.Y. App. Div. 1996)
645 N.Y.S.2d 358

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