Stackman v. Devine

Appeal from an order of the Supreme Court at Special Term, entered June 1, 1973 in Albany County, which denied plaintiff’s motion for summary judgment. Plaintiff appeals from the denial of his motion for summary judgment in lieu of complaint, based upon a promissory note executed by the defendant to the plaintiff (CPLR 3213). The defendant states in an affidavit that the note was executed following the termination of a joint venture in which he was engaged with the plaintiff, and that it was intended to represent a certain balance due and owing from the defendant to the plaintiff; that the…