CADLEROCK JOINT VENTURE II, L.P., plf-ap, v. WILLIAM BADDOO A/K/A WILLIAM S. NII BADDOO, def-res
12-330. CADLEROCK JOINT VENTURE II, L.P., plf-ap, v. WILLIAM BADDOO A/K/A WILLIAM S. NII BADDOO, def-res — Order (Robert R. Reed, J.), entered May 9, 2012, affirmed, with $10 costs.
The action, seeking recovery on a promissory note executed by defendant, is not ripe for summary determination where plaintiff's evidentiary submissions were insufficient to establish prima facie that the note was validly assigned to it (see Millennium Falcon Corp. v. WRD Sales, Inc., 46 AD3d 862 ). Notably, the only documentation presented in plaintiff's summary judgment papers to support its claimed status as a holder by assignment of the note was a November 7, 2007 allonge that bore only a typewritten signature. Plaintiff's contention, advanced for the first time in post-argument correspondence to this Court, that the allonge should be given legal effect as an electronically signed document, is not properly considered. Given plaintiff's failure to eliminate all triable issues as to its claimed "holder" or "assignee" status, its motion must be denied even in the absence of opposing papers (see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.