Order, entered on March 29, 1966, denying summary judgment unanimously modified on the law, with $50 costs and disbursements to the plaintiff-appellant and summary judgment granted to plaintiff.
The action is for the balance due on a promissory note. Execution and delivery are admitted. As a part of the transaction defendant delivered three promissory notes executed by one Riker. Two of these notes were discharged when due by arrangement between plaintiff and the...
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