Order and judgment unanimously reversed, with costs, and motion denied.
Memorandum:
After service on December 20, 1982 of a summons with notice (CPLR 305, subd [b]), plaintiffs moved on March 24, 1983 for summary judgment "in lieu of complaint, pursuant to CPLR § 3213" on five promissory notes and for reasonable attorney's fees "pursuant to the terms of [the] promissory notes." In the interim, defendants appeared in the action on January 10, 1983 and...
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