Silbert v. Silbert

In an action commenced by the service of a summons with a motion for summary judgment in lieu of complaint to recover the balance due on a promissory note, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Di Paola, J.), dated January 5, 1981, as denied his motion for summary judgment. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and motion granted. The case is remitted to the Supreme Court, Nassau County, to determine plaintiff’s reasonable attorney’s fees. Following a dispute between the parties which went to…