This is an action to recover $246.88 plus attorney's fees alleged to be the balance unpaid on a promissory note for $650 evidencing a student loan. Defendant contends that he owes only $121.88, and that his tender of said sum was rejected. Special Term granted plaintiff's motion for summary judgment only on the issue of liability and ordered a trial on damages and on the issue of plaintiff's right to attorney's fees. Defendant has appealed. Since defendant admits liability...
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