Beal Bank v. Melville Magnetic Resonance Imaging, P. C.

—In an action to recover on a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 29, 1999, which granted the motion.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

“[A] document comes within CPLR 3213 ‘if a prima facie case would be made out by the instrument and a failure to make the payments called for by its terms’ ” (Weissman v Sinorm Deli, 88 NY2d 437, 444, quoting Interman Indus. Prods. v R.S.M. Electron…