Ordered that the order is affirmed, with costs.
By motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff commenced this action against the defendant to recover upon a mortgage note executed by the defendant on January 6, 1989. In opposition to the plaintiff's motion, the defendant argued, among other things, that the note was not "an instrument for the payment of money only", and that triable issues of fact existed precluding the grant...
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