Silver v. Jimsam Sales Corp.

Appellate Division of the Supreme Court of New York

Silver v. Jimsam Sales Corp.

190 A.D.2d 787, 594 N.Y.S.2d 658, 1993 N.Y. App. Div. LEXIS 1522

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1993·Published·Cited by 1 cases

Opinion

— In an action to recover the balance due on certain promissory notes, the defendants appeal from a judgment of the Supreme Court, Westchester County (Burrows, J.), entered January 4, 1991, which granted the plaintiffs motion for summary judgment in lieu of complaint. The notice of appeal from a decision dated November 27, 1990, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is affirmed, with costs.

The defendants have failed to raise any triable issue of fact (see, CPLR 3212 [b]). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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— In an action to recover the balance due on certain promissory notes, the defendants appeal from a judgment of the Supreme Court, Westchester County (Burrows, J.), entered January 4, 1991, which granted the plaintiffs motion for summary judgment in lieu of complaint. The notice of appeal from a decision dated November 27, 1990, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is affirmed, with costs.

The defendants have failed to raise any triable issue of fact (see, CPLR 3212 [b]). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

Silver v. Jimsam Sales Corp., 190 A.D.2d 787, 594 N.Y.S.2d 658, 1993 N.Y. App. Div. LEXIS 1522 (N.Y. Ct. App. 1993).

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