Opinion
No. 1669.
December 8, 2009.
Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered June 24, 2008, awarding plaintiff the total sum of $225,332.59, pursuant to an order, same court and Justice, entered June 17, 2008, which granted plaintiff's motion for summary judgment, unanimously affirmed, with costs. Appeal from the aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Joseph D. Manno, Staten Island, for appellants.
Eugene A. Gaer, New York, for respondent.
Before: Tom, J.P., Nardelli, Renwick, Freedman and Roman, JJ.
In opposition to plaintiffs showing that defendants executed the promissory note and defaulted in payment ( see Alard, L.L.C. v Weiss, 1 AD3d 131), defendants' evidence was insufficient to raise a triable issue of fact concerning any of the payments they claim should be credited against the note.