| Malek v Malek |
| 2013 NY Slip Op 04091 [107 AD3d 425] |
| June 6, 2013 |
| Appellate Division, First Department |
| Manouchehr Malek, Appellant, v Kevin N. Malek,Respondent. |
—[*1] Kevin N. Malek, New York, respondent pro se.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered March 1,2013, which denied plaintiff's motion for summary judgment in lieu of a complaint, anddirected plaintiff to serve a formal complaint, unanimously affirmed, without costs.
Although plaintiff made a prima facie showing of his entitlement to judgment as amatter of law, defendant's affidavit successfully raised issues of fact concerning thevalidity of the promissory note based on the defenses of coercion and economicduress.
We have considered plaintiff's remaining arguments, including his contentionthat defendant ratified the note by making payments under it, and find them unavailing.Concur—Gonzalez, P.J., Sweeny, Richter and Clark, JJ.