Spilky v. Atkin

— In an action to recover on a guarantee of payment of a note, prosecuted pursuant to CPLR 3213 by motion for summary judgment in lieu of a complaint, the plaintiff appeals from an order of the Supreme Court, Queens County (Hyman, J.), dated November 2, 1984, which denied the motion.

Order affirmed, without costs or disbursements. The plaintiff’s motion papers are deemed the complaint. The defen*582dant’s time to serve an answer thereto is extended to 20 days after service upon him of a copy of the order to be made hereon with notice of entry.

In addition to his being a party to the agreement…