Opinion
392
March 6, 2003.
Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 8, 2001, in favor of plaintiff in the total amount of $79,706.70 and against defendant-appellant, and bringing up for a review an order which granted plaintiff's motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.
Morrell I. Berkowitz, for plaintiff-respondent.
Pro Se, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.
Appellant's unconditional guaranty of the corporate defendant's promissory note is an instrument for the payment of money only within the meaning of CPLR 3213 (European Am. Bank v. Lofrese, 182 A.D.2d 67, 71). It does not avail appellant to urge the corporate defendant's defenses to the note (see id. at 73).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.