Appellate Division of the Supreme Court of the State of New York April 3, 2000 (Badenhop v. Badenhop)

—In an action to recover upon a promissory note brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, where the motion papers were converted to pleadings, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.