Opinion
January 13, 1986
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Order affirmed, with costs.
Plaintiff's complaint sought to recover $310,211.28 upon a written promissory obligation dated October 25, 1982, and upon written guarantees of the same. However, plaintiff thereafter moved for judgment upon 11 separate demand notes, a letter of credit and an accommodation check. Therefore, the inconsistencies which appear on the face of plaintiff's own papers prohibit the granting of summary judgment, despite the inadequacy of the opposing papers (see, e.g., Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853). Lazer, J.P., Rubin, Kunzeman and Kooper, JJ., concur.