Dubovsky & Sons, Inc. v. Schwartz

In an action to recover a sum of money allegedly due and owing under an unconditional suretyship agreement, which action was commenced by service of a summons with notice of motion for summary judgment in lieu of complaint, the parties cross-appeal from an order of the Supreme Court, Kings County, dated October 11, 1979, which, upon reargument, modified its prior order granting plaintiff summary judgment in the amount of $46,813, by reducing the sum upon which summary judgment would be granted to $21,813 and directing that a trial be held as to the balance of the claimed indebtedness. Order…