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MIDTOWN NEON SIGN CORP. v. MILLER

196 A.D.2d 458 (1993)

601 N.Y.S.2d 291

Midtown Neon Sign Corp. et al., Respondents, v. Herman Miller, Appellant. (Action No. 1.) Herman Miller, Appellant, v. Midtown Neon Sign Corp., Respondent. (Action No. 2.)

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

August 19, 1993

Once plaintiff Herman Miller, on his motion for reargument which, in reality, was a motion for renewal, clarified the question of the agreed upon interest rate, which was the only reason for denying him summary judgment on the $363,970 note in the first instance, he was entitled to an award of summary judgment. There was never any issue concerning payment. Midtown, the maker, merely alleged that the purchase price for plaintiff...

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