Opinion
February 1, 1991
Appeal from the Supreme Court, Nassau County, Di Noto, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ. (Order entered Jan. 22, 1991.)
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff's motion against defendant Maryann Klein for summary judgment in lieu of complaint under CPLR 3213. Plaintiff established that defendant executed a promissory note which obligated her to pay plaintiff $60,000, without interest, upon demand. Plaintiff duly demanded payment and defendant failed to pay. Parol evidence is not admissible to vary or contradict the clear terms of a note (Bankers Trust Co. v Stahl, 145 A.D.2d 311, 313, appeal dismissed 73 N.Y.2d 872). Thus, plaintiff was entitled to summary judgment (see, Kornfeld v NRX Technologies, 93 A.D.2d 772, affd 62 N.Y.2d 686; Badische Bank v Ronel Sys., 36 A.D.2d 763).