Appellate Terms of the Supreme Court of New York December 15, 1960 (Flynn v. Dick)

Per Curiam.

Although the complaint pleads a definite, clear and simple action upon a promissory note, plaintiff’s affidavit in support of his motion for summary judgment alleged that the note was conditionally given as security for plaintiff’s investment in a joint venture. In this aspect of the transaction, the instant action is premature.