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Silver v. Jimsam Sales Corp.

190 A.D.2d 787 Court N.Y. App. Div. Decision date 1993-02-16 English

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p. 787
Jack Silver, Respondent, v Jimsam Sales Corporation et al., Appellants.

— 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.