BANK OF NEW YORK v. HYLAND


130 A.D.2d 942 (1987)

Bank of New York, Appellant, v. John F. Hyland, Also Known as John Hyland, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 22, 1987


Order unanimously modified, on the law, and as modified, affirmed, without costs, in accordance with the following memorandum: The court properly denied plaintiff's motion for summary judgment. By their affidavits and that of their accountant, defendants made a sufficient showing in opposition to the motion to raise triable questions of fact on the validity of their defenses to notes (CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557

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