Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered April 29, 2009.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: WESTON, J.P., PESCE and RIOS, JJ
The order, insofar as appealed from as limited by the brief, denied plaintiff's motion for summary judgment.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action to recover on a promissory note and guaranty, plaintiff moved for summary judgment, alleging that defendant Anand Vora had failed to make timely monthly installment payments due under a promissory note, thereby triggering, among other things, late charges and defendant Victor Vora's liability on his guaranty of payment. Defendants opposed the motion and cross-moved for various forms of relief. By order entered April 29, 2009, insofar as appealed from as limited by the brief, the Civil Court denied plaintiff's motion.
Upon a review of the record, we find that defendants raised questions of fact regarding whether the monthly installments due under the note had been timely made by Anand Vora.
Accordingly, the order, insofar as appealed from, is affirmed.
Weston, J.P., Pesce and Rios, JJ., concur. Decision Date: May 11, 2012
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