58 A.D.2d 546 | N.Y. App. Div. | 1977
— Judgment, Supreme Court, New York County, entered November 1, 1976, granting plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR 3213, unanimously affirmed. Respondents shall recover of appellant $60 costs and disbursements of this appeal. The defendant made two unconditional, undated promissory notes, one in favor of the plaintiff corporation in the amount of $15,000, and the other in favor of the individual plaintiff in the amount of $5,000. We find that no cognizable defense or material issue of fact has been asserted by the defendant and, therefore, the plaintiffs are entitled to summary judgment in their favor. The fact that the notes in issue were undated does not invalidate them but, rather, makes them payable on demand (Uniform Commercial Code, § 3-