78 A.D.2d 616 | N.Y. App. Div. | 1980
Order, Supreme Court, New York County, entered on March 6, 1980, denying plaintiff-appellant’s motion for summary judgment, unanimously reversed, on the law, with costs and disbursements, and the motion granted. The corporate defendant, Bussewitz and Company, borrowed a sum certain from plaintiff Citibank, as evidenced by a promissory note dated June 2, 1978. Defendant Stephen Bussewitz and defendant-respondent Pitassi signed this same note as comakers. The defendants defaulted and Citibank exercised its option, pursuant to the terms and conditions of the note, to declare the unpaid balance immediately due and payable. When defendants failed to pay, Citibank commenced this action for the unpaid balance. Pitassi answered maintaining that the note was incomplete because the date of the first installment payment was left blank, and is thus unenforceable. His answer also raised a cross claim asserting that he