Opinion
July 6, 1970
In an action to recover a sum of money due on a promissory note, defendants appeal from a judgment of the Supreme Court, Richmond County, dated August 1, 1969, which granted plaintiff's motion for summary judgment in lieu of a complaint, pursuant to CPLR 3213. Judgment modified, on the law, by (1) deleting therefrom the figure of $427.50, representing interest from November 18, 1964, and the figure of $1,964.50, representing the total amount of the judgment; (2) remitting the case to Special Term for a hearing to assess the proper amount of interest in accordance herewith; and (3) directing that thereupon the proper amounts of interest and total amount of the judgment be inserted in the appropriate places in the judgment. As so modified, judgment affirmed, with $10 costs and disbursements to respondent. Special Term properly awarded judgment to plaintiff on the ground that there are no triable issues of fact as to defendants' liability on the note. There is, however, an issue of fact as to the date from which interest should be computed. The instrument sued upon is a demand note which bears no interest. Interest, therefore, may only be computed as of the date of a demand for payment (see CPLR 5001, subd. [b]). The papers before us do not clearly establish such date. Christ, P.J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.