Tibball v. Catalanotto

—In an action pursuant to CPLR 3213 for summary judgment in lieu of complaint to recover money owed on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered March 25, 1999, which denied the motion.

Ordered that the order is affirmed, with costs.

*387The parties entered into an agreement in May 1998 in which the defendant agreed to purchase a snack food route from the plaintiff. Part of the purchase price was secured by a promissory note. In response to the plaintiff’s motion for summary judgment in lieu of complaint on the promissory note,…