Order unanimously affirmed, with costs.
Memorandum:
Plaintiffs properly commenced this action based on an instrument for the payment of money only as a motion for summary judgment in lieu of a complaint (CPLR 3213). Special Term denied the motion, finding that the affidavits established substantial triable issues of fact. We agree. Execution of the note and default in payment having been established by plaintiffs, and not being denied by defendants, it was...
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