Costikyan v. Keeffe

In an action commenced by a motion for summary judgment in lieu of complaint, defendants appeal from a judgment of the Supreme Court, Westchester County, dated June 23, 1976, which is in favor of plaintiff, upon an order which granted her motion for summary judgment. Judgment afiirmed, with $50 costs and disbursements. In an action to recover upon a promissory note, plaintiffs moved for summary judgment in lieu of a complaint pursuant to CPLR 3213. The note provided that, upon its maturity, the amount payable shall in no event exceed 60% of the balance due on said note at the time of demand.…