FAZIO v. LOWETH


112 A.D.2d 135 (1985)

Philip N. Fazio, Appellant, v. Dominic Loweth, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1985


Order affirmed, with costs.

Plaintiff commenced this action, to enforce what he characterizes as a negotiable promissory note, by service of a summons and notice of motion for summary judgment in lieu of a complaint, along with supporting papers. The instrument in question, which is dated November 15, 1982, reads as follows: "This is to certify that I borrowed $15,000 from Philip N. Fazio on this day to be returned within 10 days." Below this appears what seems to...

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