| Noreaster Real Estate Servs. & Holding Inc. v Vasquez |
| 2003 NY Slip Op 51609(U) |
| Decided on December 10, 2003 |
| 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| This opinion is uncorrected and will not be published in the Official Reports. |
Appeal by plaintiff from a commercial claims judgment of the District Court, Suffolk County (P. Barton, J.), entered on June 28, 2002, dismissing the claim against defendants.
Judgment unanimously reversed without costs and judgment directed to be entered in favor of plaintiff and against defendants in the principal sum of $800.
Plaintiff established a prima facie case against the defendants by proof of the promissory note and defendants failure to make payments thereunder (see Vernon Winikoff, 182 AD2d 753 [1992]). Moreover, the note, which recited that it was given for "value received", is presumptively valid (Fuchs v MiCAD Sys., 138 AD2d 312 [1988]). Contrary to the opinion of the court below, we find that there was valid consideration for the note in question (see UCC 3-303; 3-408). It was undisputed that certain defendants picked up the household items, for which the note was given, from plaintiff at another home where they were stored. Accordingly, the judgment in favor of defendants should be reversed and judgment directed to be entered in favor of plaintiff.
Decision Date: December 10, 2003