It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Upon defendant's default, Supreme Court granted plaintiff's motion for summary judgment in lieu of complaint (see CPLR 3213), pursuant to which plaintiff sought the amount due under a promissory note and guaranty executed by defendant. Although defendant properly moved to vacate the judgment granting plaintiff's motion rather than...
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