Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Vincent Jarvis for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.
It is undisputed that the plaintiff loaned the defendant Kenneth Martino the sum of $30,000, and in return...
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