Klein v. Klein

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff’s motion against defendant Maryann Klein for summary judgment in lieu of complaint under CPLR 3213. Plaintiff established that defendant executed a promissory note which obligated her to pay plaintiff $60,000, without interest, upon demand. Plaintiff duly demanded payment and defendant failed to pay. Parol evidence is not admissible to vary or contradict the clear terms of a note (Bankers Trust Co. v Stahl, 145 AD2d 311, 313, appeal dismissed 73 NY2d 872). Thus,…