Order affirmed, with $50 costs and disbursements. In this action on a mortgage note, plaintiff had been awarded a default judgment. That judgment was later vacated on defendant's motion and his answer was served. Plaintiff then moved for, and was granted, summary judgment.
Defendant, who had opposed summary judgment solely on his attorney's affidavit, did not appeal from the order granting summary judgment. After the time to appeal from that order had expired, he...
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