Order entered June 5, 1967, denying plaintiff's motion for summary judgment pursuant to CPLR 3213, unanimously reversed, on the law, with $50 costs and disbursements to the plaintiff-appellant, and the motion granted, without prejudice to the defendant, if so advised, to bring an action based upon the counterclaims alleged in his affidavit.
Defendant's defense of a parol agreement that the $100,000 promissory note payable to the order of the plaintiff, bearing interest...
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