Majority
p. 1117Tony Perpignan, Appellant, v First Franklin Financial Corp., Respondent. [929 NYS2d 882]
The plaintiff seeks the discharge of his obligation under a promissory note, on the ground that the note was materially
p. 1118
altered after he executed it. However, the plaintiff failed to allege any manner in which the note was materially altered (see UCC 3-407, 3-202; cf. National Union Fire Ins. Co. of Pittsburgh, Pa. v Allen, 232 AD2d 80 , 85-86 [1997]; NAB Asset Venture III v Stanley Simon Diamonds, Inc., 236 AD2d 291 [1997]; Modern Indus. Bank v Woodman, 263 App Div 1019 , 1020 [1942]). Therefore, the Supreme Court properly granted the defendant’s motion to dismiss the complaint for failure to state a cause of action. Skelos, J.E, Eng, Austin and Miller, JJ., concur.
Cases cited
- National Union Fire Insurance v. Allen 232 AD2d 80 at 85-86 p. 1118
- NAB Asset Venture III L.P. v. Stanley Simon Diamonds, Inc. 236 AD2d 291 p. 1118