Sulner v. Traver

In an action on a promissory note, commenced by service of a summons with notice of motion for summary judgment in lieu of complaint, defendant appeals from a judgment of the Supreme Court, Dutchess County, dated December 11, 1978, which is in favor of the plaintiff upon the granting of her motion. Judgment reversed, with $50 costs and disbursements, and motion denied. In this action on a promissory note, plaintiff has proceeded by-way of notice of motion for summary judgment in lieu of serving a complaint. The promissory note allegedly represents the balance due to the plaintiff, a…