Albano v. Alba Carting Co.

—In an action to recover upon promissory notes commenced pursuant to *274CPLR 3213 by motion for summary judgment in lieu of complaint, the defendants Alba Carting Co., Inc., Estate of Peter Preziosa, and Lucille Dabbs appeal from so much of an order of the Supreme Court, Richmond County (J. Leone, J.), dated April 30, 1997, as granted the motion and denied their cross motion to dismiss the action insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants are the original corporate maker and the individual guarantors on a series of…