Opinion
1082
May 16, 2002.
Order, Supreme Court, New York County (Charles Ramos, J.), entered April 6, 2001, which, inter alia, granted plaintiff's motion for summary judgment in lieu of a complaint on a promissory note issued by defendant Commodore Consulting, Inc., and denied defendants' cross motion to dismiss the action pursuant to CPLR 3211(a)(4), unanimously affirmed, with costs.
Scott R. Johnston, for plaintiff-respondent.
John Z. Marangos, for defendants-appellants.
Before: Williams, P.J., Tom, Mazzarelli, Ellerin, Marlow, JJ.
Since the parties and issues raised in this action are not substantially identical to those in the action previously commenced by defendant Carmine Ragucci in Richmond County, the IAS court properly denied defendants' cross motion to dismiss on the ground that another action between the same parties was pending (cf., Cliff v. Mayo, 271 A.D.2d 763).
Summary judgment in lieu of a complaint was properly granted upon the promissory note since plaintiff made out a prima facie case for the relief sought by adducing proof of the note, an instrument for the payment of a certain sum of money only, and evidence that the note had not been paid in accordance with its terms, and defendant failed to demonstrate the existence of defenses to the note (see, Boland v. Indah Kiat Finance (IV) Moritius Ltd., ___ A.D.2d ___; 739 N.Y.S.2d 122).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.