Order reversed and judgment vacated, with one bill of $10 costs and disbursements to defendant, and plaintiff's motion for summary judgment denied, without costs.
In our opinion, there is a triable issue as to whether plaintiff is a holder in due course of the instruments sued upon (Franklin Washington Trust Co. v. Jaeger, 282 App. Div. 1067). Moreover, the rule is here applicable that summary judgment should not be granted if the facts upon which the motion...
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