93 A.D.2d 772 | N.Y. App. Div. | 1983
— Order, Supreme Court, New York County (Martin Evans, J.), entered October 19,1982, granting plaintiffs’ motion for summary judgment in lieu of complaint against the corporate defendant and directing an immediate trial as to the individual defendant guarantors, unanimously modified, on the law, with costs and disbursements, to grant plaintiffs’ motion for summary judgment in lieu of complaint as against the individual defendants, and otherwise affirmed. Appeal from the order (Klein, J.), entered December 16, 1982, granting plaintiffs’ motion for a protective order, vacating defendants’ notices to take plaintiffs’ deposition and denying defendants’ motion to strike the case from the calendar, dismissed as academic, without costs or disbursements. We are in agreement that Special Term properly granted summary judgment in lieu of complaint as against the corporate defendant. The series of notes which had been issued, beginning in November of 1980, constituted instruments for the payment of money only within the terms of CPLR 3213. Each of the notes contains an unconditional promise to pay the principal amount due on May 24,1983, with annual interest to be paid quarterly at the rate of 16%. The default in the payment of interest due January 1, 1982, accelerated the principal sums. Contrary to the claim by appellants, the fact that the notes contained subordination clauses does not in any respect affect either the unconditional nature of the obligation or the right to institute an