Schaaf v. Borsher

In an action on a promissory note, commenced by service of a summons with notice of motion for summary judgment in lieu of complaint, the plaintiff appeals from an order of the Supreme Court, Nassau County (Altimari, J.), dated February 6, 1981, which denied his motion for summary judgment and granted the defendant’s cross motion for security for costs. Order reversed, on the law, with $50 costs and disbursements, motion granted, cross motion denied as academic, and plaintiff is granted judgment against the defendant for the sum of $15,085.17, together with interest from July 1,1980. The…