The following e-filed papers read herein: NYSCEF: Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed 2-12 Affirmation (Affidavit) in Opposition and Exhibits Annexed 13-20 Affirmation (Affidavit) in Reply 23-26 Upon the foregoing papers, plaintiff POPUPMASTERS CORP. (hereinafter “PopUp” or “plaintiff”) moves for an order pursuant to CPLR 3213, directing the entry of judgment in favor of plaintiff and against the defendants, JULIEN LEGEARD (“Legeard”), THE PRESTIGE GROUP OF CRAFTSMANSHIP CORP. d/b/a THE PRESTIGE GROUP (“TPG CORP”), and THE PRESTIGE GROUP OF CRAFTSMEN LLC d/b/a THE PRESTIGE GROUP (“TPG LLC” and with TPG CORP, “TPG” and collectively with Legeard, “defendants”), jointly and severally, in an amount not less than $99,538.60, plus pre-judgment interest. Defendants oppose. Background According to the affidavit of Morris Michael Kattan (“Kattan”), PopUp’s owner, on or about March 2, 2020, Legeard, in his individual capacity and on behalf of TPG, signed and notarized a document (hereinafter referred to as the “Note”) acknowledging a debt to PopUp in the sum of $108,000.00 for services previously rendered by PopUp for the benefit of the defendants. Pursuant to the Note, the defendants were to make payments as follows: $18,000 on or before March 15, 2020; $15,000 on or before March 28, 2020; $30,000 on or before April 18, 2020; $30,000 on or before April 30, 2020; and $15,000 on or before May 15, 2020. Kattan avers that the defendants only made one payment in the amount of $8,461.40, leaving an outstanding balance on the Note in the amount of $99,538.60, and despite constant demands to pay the balance, defendants have defaulted. Plaintiff argues that it is entitled to judgment pursuant to CPLR 3213 based on its submission of the Note; and Kattan’s affidavit attesting to the failure of the defendants to make the payments called for by the Note’s terms. Because the Note, which the defendants signed and notarized, sets forth a specific amount due at a fixed time (on or before May 15, 2020) and their only obligation thereunder is to make payments, plaintiff posits that the Note constitutes an instrument for the payment of money only and qualifies for relief under CPLR 3213. In opposition to plaintiff’s motion, the defendants contend that the subject Note does not qualify for the expedited procedure under CPLR 3213 because (1) there is no language explicitly guaranteeing or promising to pay a debt; (2) no clear deadline for payment is provided given that the top of the statement specifies that payment is “[d]ue on receipt” — that is, on March 2, 2020, but the handwritten notations on the bottom specifies a payment plan extending through May 2020; (3) the amount claimed to be owed, $99,538.60, is not determinable from the face of the statement; and (4) the identity of the party to be charged is not apparent since the Note is billed to “The Prestige Group/Julien Legeard” but whether this refers to TPG CORP or TPG LLC or both is a significant distinction, given that only TPG LLC is an active entity. Defendants further assert that it is impossible to ascertain whether Legeard is included on the Note as the contact person for TPG or whether he is, as plaintiff alleges, personally indebted for the amount. In addition, the defendants argue that issues of fact preclude a finding of summary judgment. Specifically, that as evidenced by Legeard’s contemporaneous email dated June 5, 2020 sent to plaintiff upon his receipt of the Note, the handwritten payment terms on the Note were not present when Legeard signed the statement. Further, that TPG LLC’s obligation to pay PopUp was subject to a condition precedent-receipt of relevant funds from a TPG LLC client which did not occur. In this regard, the defendants proffer Legeard’s affidavit explaining the background of the parties’ relationship. Legeard states that he met Kattan in early 2019. Legeard, as owner of TPG CORP and TPG LLC, two interrelated entities based in Brooklyn offering architectural, interior design, and project management services to residential and commercial clients, believed a professional arrangement with Kattan and his startup, PopUp, would be mutually beneficial (NYSCEF Doc No. 14,
