This disposition is without prejudice to commencement of a separate action by defendants upon any claimed setoffs or counterclaims they may properly assert against plaintiff. Appellant shall recover of respondents $50 costs and disbursements of this appeal. The propriety of the commencement of the instant action by service of a notice of motion for summary judgment pursuant to CPLR 3213, is not properly before us. It might have been argued that the note at bar does not appear...
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