TIBBALL v. CATALANOTTO

ORDERED that the order is affirmed, with costs.

The parties entered into an agreement in May 1998 in which the defendant agreed to purchase a snack food route from the plaintiff. Part of the purchase price was secured by a promissory note. In response to the plaintiff's motion for summary judgment in lieu of complaint on the promissory note, the defendant alleged, inter alia, a failure of consideration with respect to the underlying purchase agreement. We agree with the Supreme Court that the promissory note and the purchase agreement are sufficiently intertwined to render summary judgment on the note premature (see, Ingalsbe v. Mueller, 257 A.D.2d 894 ; A. Assocs. v. Naughter, 236 A.D.2d 655 ; Eurotech Dev. v. Adirondack Pennysaver, 224 A.D.2d 738 ; Regal Limousine v. Allison Limousine Servs., 136 A.D.2d 534 ).