Lewis v. Gummer

Appeals (1) from an order of the Supreme Court (Smyk, J.), entered February 20, 1990 in Broome County, which, inter alia, granted plaintiff’s cross motion for summary judgment, and (2) from the judgment entered thereon.

Defendants executed and delivered a promissory note to plaintiff on February 17, 1984 for $100,000, payable over five years, pursuant to a schedule of payments of principal and interest at the stated rate of "prime plus one per cent”. At the same time, defendants entered into a consulting agreement with plaintiff under which plaintiff, in exchange for making himself available…