First National Bank v. Cutali

David 0. Boehm, J.

This is a motion for summary judgment, pursuant to CPLR 3212, upon an action brought by the plaintiff to recover a balance due upon two promissory notes executed by the defendant and his wife on December 20, 1967 and January 8, 1968. Copies of the two notes are annexed to the complaint.

Although he denies the execution of the notes in his answer, the defendant admits in his affidavit opposing the motion that he signed the January, 1968 note. This note represented an indebtedness upon a previous obligation of the defendant to the plaintiff which was discharged in bankruptcy as…