Rodrigues v. Samaras

In an action to recover on a promissory note, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Westchester County (Walker, J.), entered November 27, 2013, which denied his motion for summary judgment and, thereupon, in effect, directed the dismissal of the action as barred by CPLR 3217 (c).

Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, directing the dismissal of the action as barred by CPLR 3217 (c), and substituting therefor a provision deeming the…