Albino v. Lipstein

Appellate Division of the Supreme Court of New York

Albino v. Lipstein

209 A.D.2d 655, 619 N.Y.S.2d 672, 1994 N.Y. App. Div. LEXIS 11733

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 28, 1994

StatusPublished

Cited by2 cases

This text of 209 A.D.2d 655 (Albino v. Lipstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albino v. Lipstein, 209 A.D.2d 655, 619 N.Y.S.2d 672, 1994 N.Y. App. Div. LEXIS 11733 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover on a promissory note, commenced by notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated July 15, 1993, which denied his motion.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment in lieu of complaint is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment in accordance herewith.

The unambiguous and unconditional nature of the promissory note which the defendant issued to the plaintiff barred consideration of the parol evidence submitted by the defendant of an alleged oral agreement upon which his defenses are based (see, Citibank v Plapinger, 66 NY2d 90, 95-96; Halasz v Dean, 203 AD2d 327). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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—In an action to recover on a promissory note, commenced by notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated July 15, 1993, which denied his motion.

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment in lieu of complaint is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment in accordance herewith.

The unambiguous and unconditional nature of the promissory note which the defendant issued to the plaintiff barred consideration of the parol evidence submitted by the defendant of an alleged oral agreement upon which his defenses are based (see, Citibank v Plapinger, 66 NY2d 90, 95-96; Halasz v Dean, 203 AD2d 327). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

209 A.D.2d 655, 619 N.Y.S.2d 672, 1994 N.Y. App. Div. LEXIS 11733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albino-v-lipstein-nyappdiv-1994.

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