Lahage v. Batrouni

In an action to recover on a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated September 8, 2000, which denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the action.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or…