Appellate Division of the Supreme Court of the State of New York December 21, 1981 (Silbert v. Silbert)

In an action commenced by the service of a summons with a motion for summary judgment in lieu of complaint to recover the balance due on a promissory note, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Di Paola, J.), dated January 5, 1981, as denied his motion for summary judgment.