Yuen v. Wong (68 A.D.3d 475, 2009)

In opposition to plaintiffs showing that defendants executed the promissory note and defaulted in payment (see Alard, L.L.C. v Weiss, 1 AD3d 131 [2003]), defendants’ evidence was insufficient to raise a triable issue of fact concerning any of the payments they claim should be credited against the note. Concur— Tom, J.P., Nardelli, Renwick, Freedman and Roman, JJ.