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Chun v. Kim

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 8, 2009

RICHARD CHUN, PLAINTIFF-RESPONDENT,
v.
SOOK-CHA KIM, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered May 7, 2009, in favor of plaintiff and against defendant, and bringing up for review an order, same court and Justice, entered March 26, 2009, which granted plaintiff's motion for summary judgment, unanimously reversed, on the law, with costs, the judgment vacated, and the matter remanded for further proceedings. Appeal from the order unanimously dismissed, without costs, as subsumed in the appeal from the judgment. This action has been brought to seek repayment of a purported loan to defendant. It was error for Supreme Court to grant summary judgment in light of the fact that the affidavits of defendant and her daughter, accompanied by proof including copies of cancelled checks, are sufficient to raise a triable factual issue as to whether the loan was actually made to the daughter.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., McGuire, Moskowitz, Acosta, DeGrasse, JJ.

102498/08

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091008

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