Cohen v. Marvlee, Inc.

In an action pursuant to CPLR 3213 for summary judgment in lieu of complaint to recover monies owed on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated August 19,1992, which denied summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in denying the plaintiff summary judgment in view of the fact that the note being sued upon is inextricably intertwined with certain contractual obligations, including a noncompetition agreement, entered into between the parties. The defendant has instituted a…