Zalman Silber v. William Muschel

In an action to recover on a promissory note, the defendant appeals from (1) an order of the Supreme Court, Kings County (G.Aronin, J.), entered May 12, 1992, which granted the plaintiff's motion for summary judgment in lieu of complaint against him in the principal amount of $316,304, and (2) a judgment of the same court, entered May 12, 1992, thereon, and the plaintiff cross-appeals from so much of the same judgment as failed to award prejudgment interest on the principal amount of the note. Ordered that the appeal from the order is dismissed; and it is further, Ordered that the judgment is reversed, on the law, the order entered May 12, 1992, is vacated, the plaintiff's motion for summary judgment in lieu of complaint is denied, and the moving papers and the answering papers are deemed the complaint and answer; and it is further, Ordered that the defendants are awarded one bill of costs.