Order and judgment unanimously reversed on the law and motion denied, with costs to the appellant.
The payment by plaintiff Pacific Management Corp. of $2,000 to defendant by check on July 2, 1956 is admitted by defendant; and in the light of the undisputed proof that there was then no existing debt owing by plaintiff to defendant, there is a prima facie showing that the check was for a loan of money. (City Bank Farmers Trust Co. v. Roosen, 251 App. Div. 437...
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