Scolaro, Shulman, Cohen & Lawler, P. C. v. Easter

— Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: After service on December 20, 1982 of a summons with notice (CPLR 305, subd [b]), plaintiffs moved on March 24,1983 for summary judgment “in lieu of complaint, pursuant to CPLR § 3213” on five promissory notes and for reasonable attorney’s fees “pursuant to the terms of [the] promissory notes.” In the interim, defendants appeared in the action on January 10, 1983 and pursuant to their demand a verified complaint was served on January 13, 1983 which alleged seven causes of action including a cause of .action…