Judgment affirmed, with $50 costs and disbursements.
In an action to recover upon a promissory note, plaintiffs moved for summary judgment in lieu of a complaint pursuant to CPLR 3213. The note provided that, upon its maturity, the amount payable shall in no event exceed 60% of the balance due on said note at the time of demand. The note stemmed from an indebtedness of a partnership and was a guarantee thereof. Respondent's husband was a former member of the partnership...
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