Bashian & Papantoniou, P.C. recently secured a significant victory for its clients in Gil Lazar et al. v. Lyudmila Borukhova, Index No. 517133/2026, before the Supreme Court of the State of New York, Kings County. The firm represented the plaintiffs in an action seeking enforcement of a promissory note and obtained an order granting the plaintiffs’ request.
Enforcing the Parties’ Written Agreement
The dispute arose from a promissory note connected to a real estate closing. As Bashian & Papantoniou argued to the Court, the original note dated from March 2023 and was later extended and modified in September 2023. The transaction involved $150,000 in principal and 13% interest. According to the plaintiffs, approximately nine interest payments were made before payments stopped, after which the note was accelerated and a demand for payment was made.
Represented at the hearing by Erik M. Bashian, Esq., the plaintiffs sought summary judgment in lieu of complaint based upon an instrument for the payment of money only. The plaintiffs maintained that the written note established the obligation and that the defendant's opposition did not provide evidence sufficient to defeat enforcement.
The defense disputed the plaintiffs' interpretation of the interest obligation and raised arguments concerning an alleged separate arrangement and profit-sharing venture. Bashian & Papantoniou responded that the note and the evidence of the parties' performance demonstrated the nature of the transaction. The firm emphasized that the defendant had borrowed the money, had made interest payments, and had subsequently defaulted. The plaintiffs also presented affirmations addressing the defendant's arguments and the circumstances surrounding the transaction.
A Clear Focus on the Contract and the Evidence
During argument, the Court repeatedly focused the parties on the governing contractual obligations. When the defense attempted to rely on matters it contended existed outside the note, the Court stated: “a contract is a contract” and indicated that matters outside the contract did not alter its analysis.
Bashian & Papantoniou emphasized that the original moving papers included the plaintiffs' affirmation, memorandum of law, notice of motion, and the notes themselves. Counsel argued that the defendant had agreed to the obligations reflected in those documents and failed to perform them.
That advocacy resulted in a successful outcome.
At the conclusion of oral argument, Justice Desmond Green granted the plaintiffs' request. The transcript was subsequently so-ordered, memorializing the result obtained on behalf of the firm's clients.
Protecting Clients When Contractual Obligations Are Not Honored
This result reflects Bashian & Papantoniou's approach to commercial and contractual disputes: identify the controlling documents, develop the evidentiary record, address defenses directly, and pursue the most effective procedural mechanism available to obtain relief.
When a party accepts funds, executes a written payment obligation, and later defaults, prompt and focused litigation can be critical. In this matter, Bashian & Papantoniou pursued an expedited motion for relief and successfully obtained a ruling granting its clients' request.
Bashian & Papantoniou, P.C. is proud to have represented the plaintiffs and secured this favorable result on their behalf.
A copy of the decision can be found here:
Court Decision and So-Ordered Transcript (Index No. 517133/2026)
Prior results do not guarantee a similar outcome. Every matter depends upon its particular facts and circumstances.