Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment in lieu of complaint is denied.
The plaintiff made this motion for summary judgment in lieu of complaint pursuant to CPLR 3213, seeking to recover on a mortgage note executed by the defendant in connection with an asset-purchase agreement between the plaintiff and a nonparty, Li Gabriel Martin, an affiliate of the defendant. The note...
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