Schaeffer v. May

Summary

The Appellate Division, First Department, affirmed judgments dismissing Brad Schaeffer's amended complaint against Lawrence May and awarding May damages and attorneys' fees. The court held that documentary evidence established the loan and that Schaeffer's conflicting affidavit created only a feigned issue of fact regarding payments under the promissory note.

Holdings

1. Where documentary evidence conclusively establishes the existence of a loan evidenced by a promissory note, an unsupported statement by the debtor does not preclude summary judgment. Schaeffer's conflicting affidavit created only a feigned issue of fact.
2. The judgments in favor of May on his counterclaims and dismissing Schaeffer's amended complaint were properly entered.

Questions Presented

1. Whether the documentary evidence and the promissory note conclusively established the loan and entitled May to judgment despite Schaeffer's contrary affidavit.
2. Whether Schaeffer's affidavit created a genuine issue of fact or instead constituted a feigned issue of fact because it conflicted with his contemporaneous email and deposition testimony.
3. Whether the judgments dismissing Schaeffer's amended complaint, awarding May on his counterclaims, and awarding attorneys' fees should be affirmed.

Disposition

affirmed