BSI, LLC v. Toscano

In an action to recover on a promissory note, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered December 29, 2008, which, upon an order dated February 27, 2008, inter alia, granting the plaintiffs motion for summary judgment, and upon an order dated September 30, 2008, denying his motion to compel the plaintiff to accept a check in the sum of $279,402.64, allegedly representing sums due and owing pursuant to a promissory note, to cancel the promissory note, to…