Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the petitioner's motion which was for summary judgment in its entirety, and substituting therefor a provision granting the motion only to the extent that the respondent-appellant is directed to (1) deliver $5,821.83 to the petitioner from the subject bank account, and (2) repay the subject promissory note pursuant to its terms; as so modified, the order is affirmed...
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