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.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Nardelli, Renwick, Freedman, Roman, JJ.
In opposition to plaintiff's 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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