Order unanimously affirmed, with costs.
Memorandum:
In this action on a promissory note, plaintiff contends that Special Term erred in denying his motions for partial summary judgment and for dismissal of various defenses and counterclaims. We disagree. Defendant's fourth, fifth and sixth defenses and counterclaims are properly asserted in defense to plaintiff's action and preclude granting plaintiff summary judgment. Plaintiff, as a mere holder of the note...
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