978-1285770178 Case Printout Case CPC-12-06

30 Misc.3d 1229(A)

Page 1

30 Misc.3d 1229(A)

(Table, Text in WESTLAW), Unreported Disposition

(Cite as: 30 Misc.3d 1229(A), 924 N.Y.S.2d 312)

Vinueza v Scotto

30 Misc.3d 1229(A), 924 N.Y.S.2d 312

N.Y.Dist.Ct. 2011.

30 Misc.3d 1229(A), 924 N.Y.S.2d 312, 2011 WL 723589, 2011 N.Y. Slip Op. 50284(U)

This opinion is uncorrected and will not be published in the printed Official Reports.

ABSTRACT

Bills, Notes and Checks

Promissory Note

Alleged Incapacity to Execute Note

REPRESENTATION:

Cincy Vinueza, plaintiff pro se, 61-15 97th Street, Apt 4E, Rego Park, New York 11374, Michael Scotto, defendant

pro se, 7 Wilson Lane, Bethpage, New York 11714

OPINION OF THE COURT

(two thousand and nine-hundred & seventy dollars) & [sic] agree to pay her back in full. Signed on this 26th day of

September 2009.” Indicated on the bottom of the Note are the signatures of Michael Scotto and Cindy Vinueza.

It is uncontested that the defendant borrowed the monies. The defendant however, contends that he repaid the

amount in full, and that he lacked the capacity to execute the Note on September 26, 2009, since during that time he

30 Misc.3d 1229(A)

Page 2

30 Misc.3d 1229(A)

(Table, Text in WESTLAW), Unreported Disposition

(Cite as: 30 Misc.3d 1229(A), 924 N.Y.S.2d 312)

Pursuant to section 3-104 of the Uniform Commercial Code, “any writing to be a negotiable instrument . . . must (a)

be signed by the maker or drawer; and (b) contain an unconditional promise or order to pay a sum certain in money

certificate of deposit” (NYUCC 3–104 [2] [d]). “A ”promise“ is an undertaking to pay and must be more than an

acknowledgment of an obligation (NYUCC 3-102 [1] [c]).

Applying these principles to the facts in the instant matter, all of the requirements establishing that the Note is a val–

id negotiable instrument and a ”note“ within the Uniform Commercial Code are met as: (1) the Note is signed by

2010, is from Mr. Scotto’s treating physician and indicates that Mr. Scotto has been under his care since April 2010

for the treatment of opiate dependency; the second letter, from Mr. Scotto’s primary counselor at the Chemical De–

pendency Inpatient Program at South Oaks Hospital, indicates that Mr. Scotto was admitted to the facility in De-

cember 8, 2009, was discharged following successful completion of the program on December 22, 2009 (two-and-

one-half months after the execution of the note), and was referred to outpatient treatment. Absent these documents,

AD2d 488, 491 [2d Dept. 1987]. Similarly, the defendant is presumed to have read and understood the document

that he signed, and cannot avoid liability by claiming that he failed to read it or understand the obligation imparted

by the Note (Marine Midland Bank, N .A. v. Dino & Artie’s Automatic Transmission Co., 168 AD2d 610, 611 [2d

Dept 1990]).

The foregoing constitutes the Decision and Order of this Court.

See judgment.

30 Misc.3d 1229(A)

Page 3

30 Misc.3d 1229(A)

(Table, Text in WESTLAW), Unreported Disposition

(Cite as: 30 Misc.3d 1229(A), 924 N.Y.S.2d 312)

District Court Judge

Dated: February 22, 2011

N.Y.Dist.Ct. 2011.

Vinueza v Scotto

30 Misc.3d 1229(A), 924 N.Y.S.2d 312924 N.Y.S.2d 312 (Table)(Table, Text in WESTLAW), Unreported Disposi-

tion6022011 WL 7235899992011 N.Y. Slip Op. 50284(U)4603, 924 N.Y.S.2d 312924 N.Y.S.2d 312 (Table)(Table,

Text in WESTLAW), Unreported Disposition6022011 WL 7235899992011 N.Y. Slip Op. 50284(U)4603, 924

N.Y.S.2d 312924 N.Y.S.2d 312 (Table)(Table, Text in WESTLAW), Unreported Disposition6022011 WL

7235899992011 N.Y. Slip Op. 50284(U)4603

END OF DOCUMENT