Plaintiff appeals an order of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered July 21, 2011, which, inter alia, denied his motion for summary judgment on the complaint.

Per Curiam.

Order (Andrea Masley, J.), entered July 21, 2011, affirmed, with $10 costs.

While defendants' obligations to pay on the promissory note sued upon are firmly established in the record and, indeed, are not now in dispute, there remain genuine triable issues as to whether defendants satisfied their payment obligations and "the balance, if any, [due] on the note" (Chiu v 1-9 Bond St. Realty, Inc., 79 AD3d 416 [2010] [emphasis added]). In this connection, it appears that defendants have by now paid more than the face amount ($137,000) of the note and that the existence and amount of any further indebtedness turns on the manner and method used in calculating interest on the note, matters not capable of resolution on this record. Inasmuch as the evidence on summary judgment did not conclusively establish defendants' default in payment of the note (cf. Layden v Boccio, 253 AD2d 540 [1998]), and since the issues of liability and damages are closely intertwined, we agree that the grant of summary relief to plaintiff, even partial summary judgment limited to the issue of liability, is unwarranted.

THIS CONSTITUTES THE DECISION AND ORDER THE COURT.
Decision Date: March 08, 2012