Alfred J. Farone, Inc. v. Ruhle

—Casey, J.

Appeal from an order of the Supreme Court at Special Term (Doran, J.), entered February 7, 1985 in Sara-toga County, which, inter alia, granted plaintiff’s motion for summary judgment against defendant William Briell.

*900Plaintiff sued on a promissory note signed by defendants Thomas W. Ruble and William Briell.* Briell contends that Special Term erred in granting plaintiff’s motion for summary judgment against him since factual issues exist regarding the status in which he signed the note and whether his obligation on the note has been discharged.

We agree with Special Term’s holding…