Ordered that the order is affirmed, with costs.
The Supreme Court did not err in denying the plaintiff summary judgment in view of the fact that the note being sued upon is inextricably intertwined with certain contractual obligations, including a noncompetition agreement, entered into between the parties. The defendant has instituted a separate action for breach of this noncompetition agreement, and has a motion presently outstanding to consolidate it with the instant...
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