Citibank (New York State), N. A. v. E. J. Zibro Tire & Appliance Co.

Appeal from an order of the Supreme Court at Special Term, entered January 4, 1979 in Albany County, which denied plaintiffs motion for summary judgment in lieu of complaint. The plaintiff sought summary judgment pursuant to CPLR 3213 based upon a promissory note given by defendant E. J. Zibro Tire & Appliance Company for the payment of money, dated March 1, 1977, and a guarantee executed by defendant Edward J. Zibro, Jr., dated March 2, 1977. It is alleged that the defendant corporation defaulted on the promissory note because of late payment on the note. The terms of the note provided that…