In this action for an accelerated judgment pursuant to CPLR 3213 on six promissory notes executed by the defendant in favor of the plaintiff, totaling in all, $322,375.24, defendant contends on this appeal that Special Term erred in granting plaintiff's motion for summary judgment in lieu of a complaint, and denying defendant's cross motion to have his affidavit in opposition deemed an answer and counterclaim against the plaintiff and severing those allegations of the affidavit...
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