Scuderi v. Aiello

—Appeal from a judgment of Supreme Court, Onondaga County (Major, J.), entered November 1, 2001, which awarded plaintiff $55,000, plus interest, costs and disbursements.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, seeking to recover on a consolidated promissory note executed by defendant. Contrary to defendant’s contention, Supreme Court properly granted plaintiff summary judgment. Plaintiff established…