Order, insofar as appealed from, and judgment entered thereon, reversed, with $10 costs and disbursements, and motion denied, with $10 costs.
The affidavits submitted in opposition to the motion raise a triable issue of fact as to the execution and delivery of the note. Since it is claimed by appellant that a negotiable note was given to respondent for the money loaned, this action must await trial so that it may be established by factual proof whether a note was...
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