Plaintiff moved for summary judgment in lieu of complaint pursuant to CPLR 3213. The action purports to be bottomed on a promissory note drawn by defendant Citation-Langley Corporation to the order of plaintiff and claimed to be unconditionally guaranteed by defendant Brandt. Service was effected on Brandt at his home in Los Angeles on August 8, 1982, a Sunday. Brandt cross-moved to dismiss the action, in part, on the ground that section 11 of the General Business Law provided...
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