Order affirmed, with costs.
In support of his motion for summary judgment in lieu of complaint, the plaintiff in action No. 2, Gerald H. Dallek, submitted the promissory note at issue, the bill of sale concerning the goods (two horses) transferred, and two notices of default sent to the defendant in action No. 2, Ira B. Lampert. Lampert, in response, asserted that his default on the promissory note was excusable because Dallek breached a separate but related covenant...
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