Tancredi v. Manning

In an action on a promissory *580note, defendant appeals from a judgment of the Supreme Court, Kings County, entered February 7, 1979, which is in favor of plaintiff upon the granting of his motion for summary judgment. Judgment reversed, on the law, without costs or disbursements, motion denied, and case remitted to the Supreme Court, Kings County, for further proceedings consistent herewith. The plaintiff sues upon a note made by defendant in favor of plaintiff’s testatrix. In response to plaintiff’s motion for summary judgment, defendant contended that upon a partial payment during the…