Order and judgment unanimously affirmed, with costs.
Memorandum:
Plaintiffs properly commenced their actions based on instruments for the payment of money only, i.e., promissory notes, as motions for summary judgment in lieu of a complaint (CPLR 3213). Special Term granted the motions finding that defendant's affidavits, which alleged the same facts in each action, failed to establish substantial triable issues of fact. We agree. Execution of the notes and...
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