In this action to recover moneys due under a loan and security agreement, plaintiff, which had advanced sums of money to finance a car leasing operation, moved, pursuant to CPLR 3211 (b), to dismiss the affirmative defenses based on lack of consideration, unconscionability, discharge of obligation and release set up by the defendant borrower and guarantors. Without notice to the parties, however, Special Term converted the motion into one for summary judgment. That the court...
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