Appellate Division, First Department · October 8, 2026 · 2026 NY Slip Op 05858
Mt. Arlington BH Invs. v Mt. Arlington Equity Invs. LLC
Read the official decision: 2026 NY Slip Op 05858
Holding The Appellate Division affirmed summary judgment in favor of the plaintiff, finding that the plaintiff established entitlement under CPLR 3213 by submitting the executed note and evidence of default. The court rejected the defendants’ claim that the loan was never disbursed, noting that the note’s language of ‘for value received’ undermined their speculation.
The court’s words
Plaintiff established entitlement to summary judgment under CPLR 3213 by submitting the fully executed note and subsequent extensions
2026 NY Slip Op 05858, at the official text
Defendants' claim that plaintiff never disbursed the loan pursuant to the terms of the note was properly rejected
2026 NY Slip Op 05858, at the official text
the note itself provides that defendants promised to pay plaintiff $1,500,000 "for value received," which undermines defendants' claim
2026 NY Slip Op 05858, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 8, 2026 |
| Citation | 2026 NY Slip Op 05858 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05858 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1077 |
Recommended citation
ESQ HQ, New York Law Watch, Mt. Arlington BH Invs. v Mt. Arlington Equity Invs. LLC, 2026 NY Slip Op 05858 (Appellate Division, First Department, October 8, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05858/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works