Marder v. Levin

—In an action to recover on a promissory note, (1) the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Cowhey, J.), entered September 4, 1996, as denied their motion for summary judgment, and (2) the defendant cross-appeals from so much of the same order as denied his cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiffs’ motion for summary judgment and substituting therefor a provision granting that branch of their motion which was for summary…