Davis v. Lanteri

In an action to recover on a promissory note, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated July 9, 2002, which denied the motion.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings consistent herewith.

The plaintiffs allegedly loaned the defendants, who are their daughter and son-in-law, $100,000 to be used toward the purchase of a townhouse.…