Ordered that the order and judgment is modified, on the law, by deleting the provision thereof which granted that branch of the defendant's motion which was for summary judgment with respect to the promissory note for $150,000, and substituting therefor a provision denying that branch of the motion; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the defendant, so much of the counterclaim as demands judgment on the promissory note...
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