On the record before us, defendants' belated effort to characterize the additional $90,000 advanced by plaintiff as a nonrefundable investment rather than a loan, is insufficient to overcome the overwhelming documentary evidence to the contrary. Accordingly, since no genuine triable issues were raised, summary judgment should have been granted. (Cf. Ehrlich v American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 225.)
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