Bank of New York v. Cariello

In an action on a promissory note and a written guarantee thereof, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated September 29, 1978, which denied its motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and plaintiff is awarded summary judgment against defendants in the sum of $11,512.31, with interest. The action is remanded to Special Term to hear and determine plaintiff’s fair and reasonable attorney’s fees. One who contests a motion for summary judgment must present sufficient proof to demonstrate the existence of a…