The following excerpt is from Mun. Credit Union v. Jennings, 2021-32034, Index CV-17311-18 (N.Y. Civ. Ct. 2021):
Plaintiff has met its obligation to make a prima facie showing of entitlement to judgment as a matter of law based on the existence of the note executed by the defendant, the unconditional terms of repayment, and the defendant's default thereunder. The burden then shifts to the defendant, who must present sufficient evidence to raise a triable issue of fact (Sce v. Ach, 56 A.D.3d 457, 458).
Defendant's First Affirmative Defense Alleging Lack of Personal Jurisdiction Is Dismissed
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