Order reversed, insofar as appealed from, on the law, with costs, and that branch of the motion noted above granted.
After divorce proceedings were instituted against her (action No. 1), appellant herein commenced this action (action No. 2) to recover from defendant husband and his company the respective sums of $72,226.10 and $10,226.70, representing moneys due on promissory notes they had executed. In their answer, defendants in action No. 2 did not deny executing...
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