Austrian, Lance & Stewart, P. C. v. Hastings Properties, Inc.

This is a motion for summary *26judgment in lieu of complaint upon a promissory note against the maker and a guarantor.

Plaintiff is a professional corporation of attorneys and styles its appearance in this action as pro se. Defendants object to the appearance citing CPLR 321 (subd [a]) as requiring that a corporation appear by attorney. This objection has prompted the attorney^ of the professional corporation to change their pro se appearance to one of appearing in behalf of the plaintiff professional corporation as attorneys.

Such a notice of appearance exalts form over substance. The fact of…