Plaintiff appeals from the denial of his motion for summary judgment in lieu of complaint, based upon a promissory note executed by the defendant to the plaintiff (CPLR 3213). The defendant states in an affidavit that the note was executed following the termination of a joint venture in which he was engaged with the plaintiff, and that it was intended to represent a certain balance due and owing from the defendant to the plaintiff; that the plaintiff misrepresented to the...
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