SCHMITZ v. MacDONALD

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.