Berkowitz v. King David Kosher Restaurant, Inc.

In an action to recover on promissory notes, the defendants appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Williams, J.), entered July 24, 1989, which granted the plaintiff’s motion pursuant to CPLR 3213 for summary judgment in lieu of complaint and denied the defendants’ cross motion to *806consolidate this action with another action pending in Kings County.

Ordered that the order and judgment is affirmed, with costs.

By service of a summons and notice of motion for summary judgment in lieu of complaint, the plaintiff sought to recover on promissory notes…