Messina v. Tannenbaum

Cross appeals from an order of the Supreme Court, entered May 25, 1971 in Ulster County, granting plaintiffs’ motion for summary judgment upon a decision of the Court at Special Term. On July 26, 1968, defendant executed and delivered to Joseph Y. Resnick, now deceased, a promissory note payable September 26, 1968 in the amount of $25,000. Plaintiffs, eoexeeutors under decedent’s will, commenced action on the note by serving defendant with a notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213. The defendant admitted the execution of the note but asserted that the…