Mills v. Ryan

Order unanimously reversed, on the law, with costs, and summary judgment-granted in favor of plaintiff in the amount of $31,000, with interest and costs. Memorandum: Plaintiff appeals' from a Special Term order denying his motion for summary judgment. The motion papers served on defendant with the summons in lieu of a complaint pursuant to CPLR 3213 consisted of the notice of motion, plaintiff’s affidavit, a promissory note dated October 21, 1971 signed by defendant, -by which he “promises to pay to Bruce G. Mills the sum of * * * $31,000 on the 1st day of June 1972”, and a contract signed…