Superior Group Ventures, Inc. v. Carocelli, Inc.

In an action to recover on a promissory note, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Kalinowski, J.H.O.), entered October 27, 1995, which, after a nonjury trial, *490dismissed the complaint and is in favor of the defendants on their counterclaims and against the plaintiff in the principal amount of $6,358.09.

Ordered that the judgment is affirmed, with costs.

Inasmuch as there was no delivery of the promissory note in question by the escrow agent to the plaintiff, and the plaintiff did not establish that it was entitled to delivery of the note pursuant to the…