Ordered that the order is affirmed, with costs.
In response to the plaintiff's prima facie showing of its entitlement to summary judgment based upon its presentment of the note and proof of the defendant's default, the defendant demonstrated the existence of a triable issue of fact. Contrary to the plaintiff's contention, the general language of the merger clause in the subject agreement of sale did not preclude the defendant's defense of fraud in the inducement or...
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