Appellate Division of the Supreme Court of the State of New York December 23, 2002 (Glynn v. Johns)

—In an action to recover damages for fraud and breach of a promissory note, the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated December 19, 2001, which denied his motion for leave to renew a prior motion, inter alia, for summary judgment dismissing the first cause of action asserted in the complaint.

Ordered that the order is affirmed, with costs.