Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Joseph K. Adlerstein, to strike that defendant's answer, and to direct the appointment of a referee are denied.
On September 9, 2004, the defendant Joseph K. Adlerstein (hereinafter the defendant) executed a note in the amount of $612,000 in favor...
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