MEMORANDUM BY THE COURT.
The Special Term correctly held that a triable issue of fact was presented as to plaintiff's good faith in acquiring the promissory note and mortgage. (Personal Property Law, § 403, subd. 3, par. [a].) The order should be modified to provide that defendants may serve an amended answer to allege absence of good faith, should they be so advised. (CPLR 3016, subd. [b]; 3018, subd. [b]; cf. CPLR 3025, subd. [c].)
Order modified in...
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