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HELEN D. SCHMITZ, as Executrix of RICHARD D. SCHMITZ, Deceased, Respondent, v. JOSEPH A. MacDONALD, Appellant, et al., Defendant.

The IAS Court properly awarded plaintiff summary judgment upon the subject non-negotiable promissory note. There is no indication on the face of the note that defendant signed it in a representative capacity, and he is, accordingly, personally liable for payment of the note ( see, Republic Natl. Bank v. GSO Inc., 177 A.D.2d 417, 418). While the fact that a signatory's name appears without reference to corporate representation is not always dispositive, here, in distinction to the cases upon which defendant-appellant relies ( see, e.g., Shoenthal v. Bernstein, 276 App. Div. 200), the contract on its face is not ambiguous as to whether it is one made for a corporate principal. Moreover, because the note evidencing defendant-appellants personal obligation is clear and unambiguous on its face, his attempted resort to parol evidence was properly rejected by the IAS Court ( see, W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157, 163).

Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.

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SCHMITZ v. MacDONALD
(May 26, 1998)