Order and judgment reversed, with costs, motion denied, and case remitted to Special Term for further proceedings consistent herewith.
Plaintiff brought this action, pursuant to CPLR 3213, by serving a notice of motion for summary judgment and supporting papers in lieu of a complaint with her summons. Defendant opposed the motion, raising the defenses of fraud and failure of consideration. Special Term held that defendant had failed to raise issues of fact as to these...
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