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STONE v. BLIZZARD

137 Misc.2d 92 (1987)

Gary E. Stone, Plaintiff, v. John Blizzard, Defendant.

Supreme Court, Special Term, Saratoga County.

October 2, 1987

Attorney(s) appearing for the Case

Stephen R. Markovits for plaintiff. David L. Gruenberg for defendant.

LOREN N. BROWN, J.

By notice of motion, dated August 20, 1987, and supporting papers, the plaintiff moves for summary judgment in lieu of complaint (CPLR 3213). The motion, in part, is opposed by the defendant. All papers are deemed to have been timely served.

This action seeks recovery on a promissory note, dated December 1, 1986, with an amount of $3,363.48 allegedly due. The defendant does not dispute that he gave the note in

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