On July 26, 1968, defendant executed and delivered to Joseph Y. Resnick, now deceased, a promissory note payable September 26, 1968 in the amount of $25,000. Plaintiffs, coexecutors under decedent's will, commenced action on the note by serving defendant with a notice of motion for summary judgment in lieu of complaint pursuant to CPLR 3213. The defendant admitted the execution of the note but asserted that the instrument was given with the understanding that for the $25...
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